sandeep (pvt service) 17 February 2015

In residential orders in dv can husband offer an alternate a

if wife asks for residential orders in matrimonial home, then can the husband offer an alternate accomodation to her or rent? as he does not want her to stay at the same house where he is residing?

if she asks for alternate accomodation? can i offer her only the rent, and she can arrange the accomodation herself?

if the court orders for alternate accomodation. then should it be at her place (native place where she is presently residing with her mother) or in the city where the husband is residing?

if the court orders that she be lodged in her matrimonial help with the help of police, then can the husband offer an alternate accomodation to her. pay the rent, but not cohabit with her?

last but not the least: if the constitution grants freedom to every indvidual and not force any person, husband or wife to live with each other, then. how can DV order the husband to accomodate his wife in the same room where he is staying? doesnt this order contradict the provision in the consititution of freedom to every individual, so indrectly. the husband is forced to cohabit with the wife even if he doesnt want to, especially if the husband is ready to arrrange for an alternate accomodation to wife.

Request experts to please guide on the above points. thanks

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7 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 17 February 2015

Court may order for suitable accommodation for spouse. If it is of rent, the arrangement of paying rent should be made by husband.

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Jaya Pathak (Paralegal) 17 February 2015

Hello Sandeep,

I am not a lawyer but would definitely look forward to the views of the expert lawyers on this forum on my view:

This could be the preference :

1) Matrimonial or Shared Household (if the shared household is self acquired property of your parents then she cannot get it but if it is 100% owned by you or jointly owned by you then surely she can get it under Right to Residence.)

2) Alternate accomodation

3) Rent

Thanks

Jaya

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saravanan s (legal advisor) 17 February 2015

only if the premises you live doesnt belong to you (i.e) rented or if its on your mothers or fathers name and if they object her presence you need to arrage alternate accomadation for her.in that case you need to find it, pay rent and make all arrangements for her to live comfortably.If you refuce to honour the residential order she might file a execution order in the local police station

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sandeep (pvt service) 17 February 2015

@jaya and sarvanan...thank you for your replies. actually my property is owned jointly by me and my brother. which is presently rented out to a tenant. and is under a registered agreement,

so in this scenario can the court remove the tenant from the said house?

if yes, can the tenant be actually removed out by the court?

the woman has prayed for rent and a separate house, so is it possible that the court still might order something which is out of the prayer?

thank you both for your replies

(Guest)

Originally posted by : sandeep
	@jaya and sarvanan...thank you for your replies. actually my property is owned jointly by me and my brother. which is presently rented out to a tenant. and is under a registered agreement, so in this scenario can the court remove the tenant from the said house? if yes, can the tenant be actually removed out by the court? the woman has prayed for rent and a separate house, so is it possible that the court still might order something which is out of the prayer? thank you both for your replies

Either take accomodation elsewhere or pay her rent. NO connection between said tenant and court. Worst case, if wife has asked releif under section 19/23 of DV, police will drop her at the place wherever you are living.

Simhan (manager) 20 February 2015

Dear helping hand I have a question,

DV-wife already stays in her parents house, is it not enough if we pay some maintenace to her even if she claims a seperate residence? since husbands spends all his income towards family running like ---, taking care of grownup children education, aged parents house rent etc., please reply. will the court/police be particular to drop a DV-wife in husbands care again. i mean how a DV-wife can again come and live with husband again after accusing him in the court?

Please reply.

Simhan

Jaya Pathak (Paralegal) 20 February 2015

Hello Simhan,

Well if you think..... since the wife is staying at her parents so there is no need to provide her residence then I guess parents who have daughters may stop getting their daughter's married to boys thinking that some day she might come back to them and become their responsibility again so better not get her married at all...... your kind of thinking might create a lot of imbalance in the way the society functions..... DID YOU EVER THINK ABOUT IT?

There is a solution for the question you have raised in the last part of your post "will the court/police be particular to drop a DV-wife in husbands care again. i mean how a DV-wife can again come and live with husband again after accusing him in the court?"

As per Sec 19 (b) - The Magistrate may pass a residence order to let your wife stay in the shared household and may direct the you & all the other male members of your family to remove yourself & them from the shared household.

Thanks

Jaya

Originally posted by : Simhan
	Dear helping hand I have a question, DV-wife already stays in her parents house, is it not enough if we pay some maintenace to her even if she claims a seperate residence? since husbands spends all his income towards family running like ---, taking care of grownup children education, aged parents house rent etc., please reply. will the court/police be particular to drop a DV-wife in husbands care again. i mean how a DV-wife can again come and live with husband again after accusing him in the court? Please reply. Simhan