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Taken for granted (housewife)     27 May 2014

Where to stay when husband files for divorce

My husband has filed for divorce and after that he has given the house he baught after marriage (in which we are presently staying with kids ) by gift deed to his family member.He has not asked me to leave the house till now.I am not working for last many years..My lawyer said i have residential right even if he has filed for divorce and transferred house to his family members.Can he get a court order asking me to leave the house?Arranging an accomodation for myself and kids is my prime concern and I dont know what to do.Shall I move out?

I have not attended the court for first hearing yet,its next month.



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 10 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 May 2014

You can reside in the same house. Do not worry. Even if he ask to vacate, do not vacate. File a restitute of conjugal rights. Contest the divorce case.

1 Like

Adv. Chandrasekhar (Advocate)     27 May 2014

The title you adorned - "TAKEN FOR GRANTED", tells every thing about your agonizing matrimonial life and also alludes the condition of the most of women of this Great Country.  Any how, you have two reliefs.  The first one is pro-active, that you file Domestic Violence case and in that seek the residential rights showing that you have been living there prior to his executing the Gift deed.  In this case, you have to challenge the very validity of the gift deed which was originated with malafide intentions to kick out you and your children.  At any cost do not vacate this premises.  Actually, in a few days, his family member, to whom this property was gifted would file a civil suit against you seeking your eviction and possession of the property.  To thwart out your right available under DV Act, your husband harbored this vitious plan.  So take step in advance so that you get residential rights in this very property.   Your husband will step in this case and tries to offer an alternative accommodation.  So prepared for such eventuality and how to nullify his ill intentions by showing alacrity.  As you are not working, in this domestic violence petition, you can seek maintenance for yourself and minor children.  In his divorce petition, you will not get such relief, but you will get interim maintenance, which will be effective only till the divorce petition subsists.  Your husband is getting shrewd legal advice.  Your advocate shall match him.  Wishing you best of luck. 

1 Like

Gautam Kapoor (IT professional Studying Law)     28 May 2014

Im sure Learned Mr.Chandrasekhar (inarguably who  has the best command of english in my personal view in this forum) should have read the authors earlier post  (phone tapping) and possibly either questioned the author about the case and then put his learned views... it would have been appreciated very much across the board...It will not serve the larger interests of  natural justice  if a legal view though genuinenly bestowed (given free) is used for achieving illegal means.

Gautam Kapoor (IT professional Studying Law)     28 May 2014

appreciate to be corrected Mr.ChandraSekhar.

T. Kalaiselvan, Advocate (Advocate)     30 May 2014

Learned Advocate Mr. Chandrasekar has given some valuable advises to the author.  But Mr. Gautam Kapoor has raised an issue related to the author's previous query on a different thread.  If that relates to the same person who has posted the above query now, then the meaning of the title she adorns now is a cunning craft designed with some motive, let me not go further on this issue.  To her query, for the present let she not vacate the house irrespective of whether the same has been transferred to somebody, until she has been accommodated with an alternative accommodation, she has full rights to stay there itself, no forcible eviction can take place as per law.

Gautam Kapoor (IT professional Studying Law)     30 May 2014

not sure if we are all "taken for granted"

Taken for granted (housewife)     03 June 2014

There is no cunning craft involved.I was talking to my elder sister and my old grandfather about his girlfriend.he has threatened to drag my elder sister in the court saying he will file case on her as well because I will not be able to prove extramarital affair.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

How does it matter, people with all kind of pseudonames get all kind of advises on net and forums, in the end, we can only provide very basic legal information. We can never stop these things completely on open forums. They provide anonymity for the reason that people may ask any kind of queries, and that can be used and somewhat misused, but misuse is miniscule when compared to benefits to 1000s of people.

 

Regards,

 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     04 June 2014

Agree with Mr,Shonee. To further add...

Lawyers with legal expertise give legal opinions and guys with psuedonames give both advise and solace (the much needed one)  .From the likes of psuedonames you get that emotional strength that  you may not invariably get from a lawyer.The author gets that much needed  warm feeling... Hey Im not alone.. people  have suffered more than me ...and they are sharing their advice... FREE OF COST ...now if their advice is psuedo or legal only time will tell as it is proven beyond all fact/doubt and imagination ...

A SUFFERER aka a psuedoname WILL NOT LIE... HE WILL ALWAYS TRY TO SAVE ONE OF HIS KIND.

Taken for granted (housewife)     04 June 2014

I am indebted to all lawyers who take time from their busy schedules and give free legal advice.May God bless you all for this social service. Regards and Thanks

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