DV Act-Property Locked?

Prashant,

These are the interim orders and not the final order. Generally, in the final order the property is returned to the owner. This is really good that the order does not have any side effects of the nature and will be decided by the merits. If you want then offer the rented accomodation, but I doubt if the court will accept the request. This is because the kids are habitual of that place and the court may not want to move them out of the house. You wife is right in one way for the security of herself and the kids? Where will they go after selling the home?

Why are you not doing the job since you are very qualified? For your combination the job is easily available. IT companies want the Business Analyst for which you are the perfect match.

Dont talk about this bullsh*t of sucide or the permission to die. You are already dead, since you are not facing the truth or fighting for your survival. I may sound harsh, but no job and loans ... dont think how are you living your life? Forget the loans of relatives & friends at present, but why this personal loans, credit card loans and car loan? Why so much? How do you sleep? I think that you should ask the money from your father and repay the loans. Then repay the loans to your father. Do not indulge in any other activity and give the finances in your wifes hand, if you are handling previously. If she is handling, then take the finances from her hand.

 As per DV Act, women can claim residence order. She can also seek injunction against alienating the property in which she has any right. U may contest your case, prove she has no right or ownership over the flat, and submit the court that u r ready to provide alternate accommodation. As per D.V Act, a husband is bound to provide sufficient accommodation to his wife.

 I am also agreeing with mehta sir, u may review all things and u can correct...

Thanks Hardik sir & sujith sir.I also wants settlement with my wife for my kids future.Bcz its my duty.But after taking money from my father for paying loans & do the business,she does not want to live with my parents.I am only son of them.How can they live remaining life alone at native place.It is my duty to take care of them.She wants me,my flat & monthly expenses 12000/Rs(excluding rent) in her hand.Besides that I should manage expenses for kids fees,hotelling,vacation tour,clothes etc whether I am earning or not.U know,in business there r ups n downs.She do not want to adjust in my bad period and she will never bcz she knows,my father having properties,they will give.Thats why she opted out for flat order.How can i ask my parents that u give money & go to native place..After court result,I obviously maintain wife & 2 kids whether court give negative result.Bcz i love them very much but wife do not understand my problem.I am ready to give her maintainance & rent.Also I want to stay with her but I need to sell flat.I think I should solve my financial crisis on my own property rather than fathers properties.This is the main cause for my wife.I told her that my parents will give their property later on,why r u worrying?But she never understood this fact..I would like to ask you sir that HAVE U HEARD ANY JUDGEMENT restraining the respondent to sell his property even if it is for future life of family to generate income.Also last Q:me & my wife r jobless now.In such scenario,HOW MUCH MAINTAINANCE Court will give in final order for me.?

Please give me your expert opinion.Waiting for reply.

If you want the settlement with your wife, then ask for the meditation in the DV case. You will be send to the meditatiton cell where the problems will be listened and then the action would be suggested. If you are in the bad phase, then you should also ask your wife to look for some job till the things settle and you are back to the track. I have not heard about the judgement for the injuction, but it also depends on case to case basis.

If you be true and say that she is not willing to adjust in my bad phase, then how come she will adjust in future. Moreover, your parents property in native are protected under Senior Citizens Act 2007, so asking them will invoke another legal war with Senior Citizens.