dhruv (other) 21 September 2013
Nothing like that......
The rented flat will be termed here as marital home where husband and wife both resides and rent is even paid by husband. Wife has no power to kick you out,but yes according to DVA 2005 she can ask for share household inside that flat and seek for protection against you.
Sudhir Kumar, Advocate (Advocate) 21 September 2013
agreed
Arun Shukla (Lawyer) 21 September 2013
No for this the court has to see the earning of both the parties, then only the court under DVA can order for similar acomodation, second thin don,t go for the compromise where you are not satisfied, dear you have not stated in your query under which proceeding your mediation is going on. Before proceeding any further ascertain your position at present.
Arun Shukla (Lawyer) 21 September 2013
No for this the court has to see the earning of both the parties, then only the court under DVA can order for similar acomodation, second thin don,t go for the compromise where you are not satisfied, dear you have not stated in your query under which proceeding your mediation is going on. Before proceeding any further ascertain your position at present.
dhruv (other) 21 September 2013
status is: wife side demands that I stay in rented accomodation near her parents about 10 km from my own accomodation with 498a cases and DVC cases in abeyance for a trial period of 6 months. Remaining is that I hve to accede to her unreasonable demands etc.
Even during trial period if the wife makes up a false case again then I will have to get out and she will then continue to stay there and I have to continue paying the rent which would have become a liability to me forever.
dhruv (other) 21 September 2013
Thanks for responses. Some more details here.
Mediation ongoing in my RCR case against her. I fear that I will have to continue paying the rent of the rented accomodation after either being kicked out or against a protection order against me while I still reside in the flat. Wife not agreeing to stay in actual matrimonial home about 12 km away from her parents place.
I dont want to have indefinite liability of flat etc because after the trial period of cohabitation in the rented apartment wife will continue the cases against me and continue to stay in the rented accomodation which is not needed as my father's home is already available for staying. Is my fear true???????????
She is after money which was jointly agreed to be used earlier and has already been used.
Double digit years of marriage which I want to save but not with absurd conditions like this. Have 2 beautiful children also.
dhruv (other) 21 September 2013
Thanks for responses. Some more details here.
Mediation ongoing in my RCR case against her. I fear that I will have to continue paying the rent of the rented accomodation after either being kicked out or against a protection order against me while I still reside in the flat. Wife not agreeing to stay in actual matrimonial home about 12 km away from her parents place.
I dont want to have indefinite liability of flat etc because after the trial period of cohabitation in the rented apartment wife will continue the cases against me and continue to stay in the rented accomodation which is not needed as my father's home is already available for staying. Is my fear true???????????
She is after money which was jointly agreed to be used earlier and has already been used.
Double digit years of marriage which I want to save but not with absurd conditions like this. Have 2 beautiful children also.