Mythily Robinson (Director) 21 October 2012

False dv case to stay in rental home

HI,

I filed for divorce from my now ex-wife, who was cruel to both me and our minor daughter, and was having an affair that I found out about and have proof.

We were staying in a company rental apartment, when I took my child and left after filing for divorce and custody. This was after months of asking for a mutual seperation and counselling as I was still willing to work things out. But she refused as she comes from a lower income family and the apartment we were staying in is considered a luxury home in Chennai.

She filed a fake DV case and has been staying in that flat now for two years under police protection. The landlord is demanding my company pay. They are about to fire me as the company is under great duress to pay the landlord the rent accrued for my ex wife plus the maintenace, electricity etc.

I cannot understand how a court can give protection to someones elses home. We have no property bought after marriage as I never felt like buying anything in our names. Thank God! Can she ask for ancestral property that may come to me later in life?

I have custody of the child, but she has visitiation for a few days. She was an abusive mother who never took care of the child. But the court does not see all this and gives her night stay. I feel like the laws are all for the women and not for men.

What can I do to get her out of the house. She is educated and working.

Please help.

Prabhu

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2 Replies

Tajobsindia (Senior Partner ) 22 October 2012

1. Gracefully accept firing by Company and ask HR politely to state the reason of protection order of employees wife on leased property reason mentioned in the reliving letter. You will greatly save your back in all maintenance cases henceforth.

2. Residence of a husband which is matrimonial home to a wife becomes shared household under Protection Order of Bharat Ratna Dv Act. In instance facts the Company leased the flat to its employee and by virtue of then living in it became shared household and was thus given to her under Protection Order. The moment you left that you should have surrendered it to the Company and filed Change of Circumstances in Court to modify the Protection Order. You could even bring her working proofs to modify the Protection order. You defaulted thus suffer.

3. For visitation if you are careful of abuses of mother to child then allow such visitation and the moment she continues her abusive behavior in front of the child record them as evidence and file change of circumstances and stop such visitations too.

Basically you need a seasoned Advocate who understand DV Act and you a male = a husband harassments, till that time keep visiting the forum for knowledge enhancing.

stanley (Freedom) 22 October 2012

She has a right to residence as per the DV act and she can park herself at any place you stay .If she is educated and working and getting a HRA than she cant claim rent have you projected this to the court with proof that she is working .

The best option is point no 1 of Mr Tajobs once a relieving letter is given she want get a penny from your company for rent .