Residential order under dv act and jurisdication

hello,

she can file at following places-

A) where she permanently or temporarily resides or where she is employed.

B) where you are residing or employed.

C)where  the cause of action arises.

regards-

rahul.gogreen@gmail.com

Originally posted by : rajanjoshi
	dear members,   My wife has filed RCR and sec 125 in bhopal, i have filed divorce in pune i fear that wife will now file DV for residence, she has left my rented house 1 year ago and since then RCR and divorce case is going on. I expect DV for residence to be filed by her: I want to know: what is the place where she can file DV, the place where she last resided (PUNE)or where she  now resides(BHOPAL) I second Rahul here A) where she permanently or temporarily resides or where she is employed. B) where you are residing or employed. C)where  the cause of action arises. what is the time limit  to file a DV residential case? No time limit. But cannot file a DV case after the couple get divorce. Is is possible that when RCR is already filed by wife, DV case will also be strong enough, as she has accused me of leaving her company and staying with my parents, she has asked me to stay with her in her petition,but she has nowhere mentioned that i should leave my parents or i should only stay with her, she has said that i she is ready to live with us all, however she is staying with her parents since the last one year. She file RCR that you go cohabit with her.  But trust me bro, no court can force you to go and cohabit with her. When you had made a seperate accomodation for her and you, why did she leave that apartment and go to her parents?  That itself shows that she has been tutored by her parents and that she does not want to live with you. First she has filed RCR, now she will file DV so that she will get right to residence, as DV is the only act where ex-parte orders can be passed without hearing your side of the story.  Now she will tell she wants to live with you and your parents, but what is domestic violence what it living together?  Both RCR and DV does not make sense at all.   how can i escape the dV residential threat: Move out of your parents place.  If they see that you are living with your parents, court will tell your wife go live there with his parents and you.  Take a place in your friends room, where they cannot force you to take your wife to stay with you.  This is the only way out for you. i am rightnow residing with my parents in their own property Move out immediately if you dont want to harras your aged parents i lived with my wife for 3 months in a flat which is bought on loan by my brother and myself the emi is being paid by my brother, right now this flat is rented out to a tenant we lastly stayed at a rented place before she left that place' Keep all old documents like rent agreement, electricity bill, gas bill etc with you.  That's the only proof that you had made a seperate accomodation for you both to live which she rejected and went back to her parents house.  This is the only point which will help you get over the DV case if she ever files it, stating that, when you already had given her a house to stay, she left the house only to join her parents and now she cannot ask for additional relief! ideally, where can she ask for the residential rights? my parents place, / my brother and my joint ownership property (rented out) last rented accomodation Wherever you are, all those places she can ask for accomodation, except your friends room where three or four are staying together she cannot ask  an accomodation there!   Come on man, a wife cannot ask for accomodation where her husband is not staying for Christ's sake! thanks

..............................................................................

And if she files DV case, while giving reply to her to her allegations, quote the address of your friends room, state that you are staying in friends room.  Let your parents appear to the court and tell that you are not living with them anymore and that you have moved out to a friends place.  If you reply jointly about allegations made etc to the court, then that will become proof that you are living with your parents, and when exparte orders of residence are passed, you will have to accept her into your parents house, which I do not think is your wish! 

If its a self acquired property of parents, they can very well file Civil Injunction

hi sujay,

Thank you very much for your detailed reply, i am somewhat relieved as of now by your advice, however i am still fighting on the RCR and sec 125 front as well, ...their lawyer spoke to my lawyer that "my client wishes to stay together with your client, hence speak to your client and see, else we might take choose some alternate method"

now i am worried that  what might possibly be that "alternate method" this is somewhat puzzling me as to how to plan in advance for this.

pls advice, and thanks once again bro..

Originally posted by : rajanjoshi
	hi sujay,   Thank you very much for your detailed reply, i am somewhat relieved as of now by your advice, however i am still fighting on the RCR and sec 125 front as well, ...their lawyer spoke to my lawyer that "my client wishes to stay together with your client, hence speak to your client and see, else we might take choose some alternate method" now i am worried that  what might possibly be that "alternate method" this is somewhat puzzling me as to how to plan in advance for this. pls advice, and thanks once again bro..

Court can grant interim maintenance [under 125] amount even though petition for RCR is pending.

Generally the court will deny maintenance only on decision of RCR petition in your favour. 

In case you prove that she deserted without any reason she will not be entitled for maintenance.

[show that you had made seperate house/apartment, keep ready all the documents pertaining to that also state that the loan is being repayed by your brother, as in future she may claim that the house is yours and ask for share in property] 

Regarding how much money you have to pay as maintenance under 125 it is normally 1/3rd of the salary is considered as the proper amount for grant of maintenance allowance.

When you say lawyers spoke, they speak and discuss only about how to make holes in your pocket, I am not saying that each lawyer is moneyminded, but these DV case have been created to feed the tummies of lawyers, so that they can make money.

I have seen many a time, lawyers discussing and putting DV case.

Contact your lawyer and ask him or her as to what they are planning to do, ie your wife side ka lawyer, am sure he will tell, let us see what they will do next will be the most certain reply that you would get.

Lawyers will ask and even the judge will ask take her back etc, but answer them politely what is in your mind, dont be harsh in front of everybody in the open court!

hi sujay....thanks very much indeed for your exhaustive reply....i want to ask that, as per ur previous reply u stated that " wherever i stay..." does it mean even if i have a house on joint ownership with my brother and me, which is presently occupied by a tenant. she cannot barge into it forcefully, just because i am not staying there. does it mean that house does not come within the meaning of "shared household" so i can take any small place on rent and the moment she moves into that rented place i will get out of there. pls advice

Originally posted by : rajanjoshi
	hi sujay....thanks very much indeed for your exhaustive reply....i want to ask that, as per ur previous reply u stated that " wherever i stay..." 1.  does it mean even if i have a house on joint ownership with my brother and me, which is presently occupied by a tenant. she cannot barge into it forcefully, just because i am not staying there. does it mean that house does not come within the meaning of "shared household"   2.  so i can take any small place on rent and the moment she moves into that rented place i will get out of there. pls advice

Meaningless laws:

Regarding 1: In the above given situation, she cannot barge into  as there is already a tenant living there.  But its the way she puts  her case before  the judge, and given the meaningless DV act's biased ex-parte order, she may as well get a chance to do it ie barge in.  If she does, it will take a lot of time to prove what you just said about the said property's ownership.  Eitherways, just make sure your wife does not find you at that place.

Regarding 2:  It does not make any sense, you make rent agreement, pay rent  advance, take some place for rent, she moves in,  you move out, then she will complain that you deserted her, again she will put one more case for illtreating her, of not providing food [remember you have already moved out], not providing electricity, money, she also may tell before leaving you hammered her nicely which will all attract a 498a.  And after all this, will she stay there?  She will eventually move out to her          mom's place, then file police complaint that you are absconding etc.  Then how will you recover the rent advance man?  The landlord will lock the premisis up and tell get lost and be good with the rent advance, then what?  You'll go to court for claiming rent advance?                    Looks a very tedious process.

hi sujay,

thanks for ur opinion. regarding the rented house i intended to take, i want to take ur opinion. just i can she moves in this rented house, i intend to keep paying the rent for future too. so that i wont be accused of not giving her the place to live. also since 125 is also going on. i will eventually be paying maintainence as well. so wont this be the solution to the problem. as i dont wish to cohabite with her. however she has been given a place to stay. and maintainence amount is also being paid.

thnsk for your time buddy.........appreciate it

Originally posted by : rajanjoshi
	hi sujay,   thanks for ur opinion. regarding the rented house i intended to take, i want to take ur opinion. just i can she moves in this rented house, i intend to keep paying the rent for future too. so that i wont be accused of not giving her the place to live. also since 125 is also going on. i will eventually be paying maintainence as well. so wont this be the solution to the problem. as i dont wish to cohabite with her. however she has been given a place to stay. and maintainence amount is also being paid. thnsk for your time buddy.........appreciate it

If every woman who has been a pain in the arse to her husband and her inlaws gets your kind of husband, then they'd want each husband to be like you.

125 is already going on, they will order some IA, better focus on how much alimony you can pay per month as maintenance, than getting a rented house for her to stay.  If you get a rented accomodation, you could as well tell that you are already paying the rent of the house and that you wont pay her any more extra money, of course all that will be calculated by court.

But dont you think its waste of money, maintenance you are ready to pay, you pay rent also, instead of all this get divorce, pay her some nice money, and marry someone else, as you really do not want to cohabit.  Your ideas are  trouble inviting ideas.

So very fed up with her that you dont want to have any relation with her, just want to maintain her for the only fault that you got married to her, no fun in living life like this.  Sooner or later she will file a case against you for not cohabiting with her, even if such a thing happens, you will tell I dont want to cohabit, so anybody would suggest why did you get married in the first place and put all the fault on you. 

Instead of all that, go for divorce.