fighting back (exec) 11 June 2013

Demand for separate residence and rent in dv case

Dear members,

Request your kind guidance,

In the DV act filed last month, wife has also demanded rent for separate accomodation, and arrangement for a separate accomodation. under sec 19

she has also demanded maintainence amount inclusive of rent under sec 20

damages of rs 500000 under sec 20

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my query is: she left the house a year ago from the rented place i took for living with her, away from my parents, i kept on paying the rent for the empty house for the next 5 months, but she never came, then one day she came and took away her valuables, after which i surrendered the empty house, and kept her belongings safely at another place.

now she is demanding separate accomodation along with payment of rent after one year of separation,

since she is staying in her mothers house which is in another state, where should i arrange for a separate accomodation, in my state or her state?

can i declare in court that i am ready to arrange for a separate accomodation for her, but i will not stay with her, i will keeping paying the rent for the house. i wont even stay with my parents as she can barge there. and anyways the court can order me to take a separate accomodation, so i better take it now,? or wait for the court order, ? ( i received the summons on 23/5/13), but forcing me to live with her in the separate house, will this be forced upon me? as i cant go to my parents place, and i dont want to stay with her, i will provide her with the accomodation, wont this suffice?

after going away for a year she files DV for accomodation, can this demand sustain?

thanks everybody for your replies.

also request Helping hand, TAjobs , and other Ld members to advise,

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9 Replies

reejas (advocate) 11 June 2013

FIRST THE CRUELTY HAS TO BE PROVED . IS SHE WORKING SOM EWHERE.

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fighting back (exec) 11 June 2013

@reejas...thanks very much for your reply, but what about expartee orders that can be given by the court in respect of residence. i dont know if she is working or not, as she is presently residing in another state. no chance to find out, she claims to be unemployed, however she is bcom mcom mba, but not working (prima facie). hence she has asked for maintainence.

Hemang (Advocate) 11 June 2013

You are bound to provide the accomodation, or rent and the maintenence. If you do not pay the same, it would amount to "economic abuse". You have no merits. Ultimately, you will have to pay.

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fighting back (exec) 12 June 2013

@need justice....thank you for your reply, i found out her pan, i tried to search the returns on the website, but it is asking for ID and password, i agree with you regarding the accomodation provision, one thing i fear is, if in the event of ex partee order by the court for accomodation, the court might direct her to my property, which is 50% owned by me and 50% by my brother, that property is occoupied by a tenant right now on lease for 11 months, what i fear is that she can ask for residence in the said property? she cant ask for residience in my parents house,as they own it. but what about this property, i am ready to give another accomodation on rent

reejas (advocate) 12 June 2013

if court insists u on accomodation point u can request for settlemet talks with her and decide about her accomodation

Adv k . mahesh (advocate) 12 June 2013

your concern is

1. to provide a better house for her in mean time enquire with her friends wheater she is working somewhere and about her salary

2. this will help for the future if she claims maintenance from you or alimoney

Chetan Joshi (Advisory/Advocacy) 12 June 2013

No one can be forced to live with someone. You can pay maintenance all your life but it has to end somewhere. Doesn't it?

Regards

Chetan(dot)7679(at)gmail(dot)com

stanley (Freedom) 13 June 2013

While giving your WS

1. State that you had taken a seperate accomodation for her . Produce the Rent agreement as well as the reciepts for which the rent has been paid .

2. Your parents should Disown you and than she cant barge into your parents house .

3. Once you start attending the case you can pay her voluantry maintanence as to what you feel is right .

And whenever she applies for interim maintanence or when ever the order is passed you can pay that amount .

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(Guest)

I've explained in length as to how to avoid getting harassed from your wife's side.

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Demand for separate residence and rent in dv case

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