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Sri (Manager)     29 April 2014

Dv interim maintenance

Wife has asked shared household in dv which I had already sold .She has not prayed for alternate accomodation .Will court grant her alternative when I have sold shared household?

She has also asked for maintenance ,although well educated and was working before marriage .Are there any judgments denying maintenance to a well educated wife ?



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 9 Replies

Laxmi Kant Joshi (Advocate )     29 April 2014

This shows your malafide intention to make her harassment court will order you she will resides with you where you are residing , since after marriage to till she has not worked court will pass order for her maintenance which you have to pay its mandatery .

Sri (Manager)     29 April 2014

@Laxmikant Joshi .My lawyer had asked me to sell it after wife filed 498a .I have sold the house before wife  filling dv but after her filling 498a..She had lodged 498a case when i refused to take back her home in womens cell. I did confirm with my lawyer that selling the house after wife saying that she is willing to stay wont land me in soup ,he said no.Sir are u very much sure that court will consider it a malafide intention that I sold the house because she wanted to come back an stay ?

great india (manager)     30 April 2014

1. Your lawyer sensed trouble and you took a good decision. 2. You can ask her to join you instead of paying and arranging accommodation. 3. If she not willing to join you dont have to pay. 4. You can ask her to join after withdrawal of 498. 5. If she adamant she wont agree to join n rather proceed with divorce or mcd. 6. Think smart else you'll have to keep on paying till pending litigation.

Laxmi Kant Joshi (Advocate )     30 April 2014

Sri , fir was registered when conselling of 498a failed in the women cell , you know it very well that she can claim residence right in dv case because she was in willing to join you in her shared household, intensionally you had sold it under conspirancy , magistrate can ask you one question what's the sudden needs comes to you you had to be sold your home , what you had done for that money ? you can not give any reasonable/ appropriate answer to him with relevant proofs , it means willfully and under malafide intention you had done it , its an offence and cruelty upon your wife , what you think court don't know about these tactics , it is pre planed and a part of strategy , she had not claimed seperate residence she want residence right in the sharehold house u/s 17 of DV act , if court pass order then you have to give her entry in your Home where you are residing , as it is her right , you cannot say your entry will only can be made if you waveout 498a and other cases , if you do so it will come under contempt of court , she has all rights to fight her case even live with you in your Home , if she find any inconvenance or danger from you to fight her case then she can obtain protection order from The court u/s 18 of dv act.

great india (manager)     30 April 2014

Agreed n very true. But instead of paying and arranging alternate accommodation when not ask her to join. You should ask her to join in a rental accommodation and stating financial constrains for selling house. Ask her to join in a rental accommodation. She doesn't join, let her give excuses. If she joins convince to withdrawn 498 or if she dont wanna stay ask for mcd

Laxmi Kant Joshi (Advocate )     30 April 2014

she never demand for seperate accommodation for herself if you provide a rented house for her she will agree to join you in that rented home , how you think she will deny or not come to that home , she also know the tactics don't forget she also have a lawyer with her for handling her cases , she will make your life ruin for every moment she will call police by dialling 100 and filed numerous cases on you in living same house with you and you can not do anything , resultant in last you will request her for mcd , she will become ready before showing all her colours and in last she will demand a huge alimony and some other benifits from you and you will accept all her demands to get rid from her .

Laxmi Kant Joshi (Advocate )     30 April 2014

she never demand for seperate accommodation for herself if you provide a rented house for her she will agree to join you in that rented home , how you think she will deny or not come to that home , she also know the tactics don't forget she also have a lawyer with her for handling her cases , she will make your life ruin for every moment she will call police by dialling 100 and filed numerous cases on you in living same house with you and you can not do anything , resultant in last you will request her for mcd , she will become ready before showing all her colours and in last she will demand a huge alimony and some other benifits from you and you will accept all her demands to get rid from her .

Laxmi Kant Joshi (Advocate )     30 April 2014

she never demand for seperate accommodation for herself if you provide a rented house for her she will agree to join you in that rented home , how you think she will deny or not come to that home , she also know the tactics don't forget she also have a lawyer with her for handling her cases , she will make your life ruin for every moment she will call police by dialling 100 and filed numerous cases on you in living same house with you and you can not do anything , resultant in last you will request her for mcd , she will become ready before showing all her colours and in last she will demand a huge alimony and some other benifits from you and you will accept all her demands to get rid from her .

great india (manager)     30 April 2014

So do you feel staying apart and providing all accommodation and maintenance will br fruitful.....????? Lifelong doing so will suffice the problem.....???? What according to you will solve the issues sir.....??? Property toh is already sold, 498 is on so whats your suggestion......???

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