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Harrased Male (xxxx)     18 October 2012

Family court order of handing house keys

Dear Larned Members, Please advise. I have filed for Divoce in mumbai family court 17 months back. I filed my Evidence Affidavit today in the family court. My wife had filed an application that sh should be given a set of House keys as well.I have shifted my residence to a rented accomodation 5 months back and my parents have legally disowned me as well.  

However, my wife continues to forcefully occupy a whole floor in the house owned by my mother and i also frequent that house to meet my son. Please advise on the following points:-

(1) The application aws argued on and the judge passed an order in her favour that she should be given a set of house keys. My lawyer gave the argued that the petitioner(Me) is no longer staying or owns the house, even then the judge gave this order. I drafted a letter for stay order before appealing in High court. The judge rejected that stay order as well.

Please advise if this order can be passed even if the house belongs to my mother.What steps can be taken now to avoid this.

Should my parents being senior citizens file a case of D. V against her ? 

(2) The judge had asked my lawyer before giving the judgement that is the petitioner willing to provide an alternative rented accomodation for respondent...my lawyer replied NO. Later I discussed with him and told him we could have said YES and let her stay in the flat i have rented and i could move out and stay somewhere else.. My lawyer replied, if we had agreed, we would have had to tak back our Divorce petition. I didnt understand this. Please enlighten me.

My parents are unwell and disappointed by this order. What move can be taken for their peace of mind?



Learning

 3 Replies

Tajobsindia (Senior Partner )     19 October 2012

You are in a mess.
1. One side you tell to the Court that you have been disowned by your folks.
2. Other side your wife against whom you have filed divorce still stays there with your son whom you go to see / often meet.
3. In parallel situation you are staying in a rented place.

So what have you done is played by the books :-)

I mean how both first and second facts read with third fact can be called OK for a prudent mind when matter is on floor of the Court?

Hence, since your wife is still your wife since she may be finding difficult to move in / out of the residence she moved an Application to Court to hand over to her spare keys which was what granted to her and before granting her relief Court asked to your side if you willing to give her “alternate accommodation” which your side said no. So relief was granted to her. You could have said yes.  

Once you filed for divorce and was disowned and property is registered in folks name then restraining Order against wife to move out was the first thing whih should have been prayed for and for the same alternate accommodation to her and to your son should have been got allowed/offered as they are your responsibilities till divorce happens. You could have taken appropriate visitation rights from Court to meet your son which would have been the next step.

However by giving her alternate accommodation your divorce case does not become weak at all, who says so!.

The stay application that you say you drafted is not valid way to put in a Family Court. Stay is granted by a superior Court not Family Court.

Now the remedy (whose doubt I have that you will succed) is to ask your folks to move to Civil Court first for her eviction showing disowning of son and make you also party to such application/relief. What will happen here is that civil Court will give wife option for rent for alternate accommodation or order her to stay with you no matter divorce case being pending whose opinion this Civil Court will not judge as both facts being separate case.

Rest acts are upto your drafting skills or upto your advocate what, when and how to proceed further but your case is a weak case is my view whether you like this reply or not.

Harrased Male (xxxx)     19 October 2012

Thank u Tajobs Sir, my son is 19 and not staying with my wife. He is living with his grandparents. He is also not on good terms with her. My mother has filed another case in sessions court which doesn't seem to be going anywhere as the judge keeps getting transferred. Should my parents file for D.V in metropolitan court? Can my parents get restraining order against me as well as my wife in the first 1-2 hearings. As i have moved out, my parents live in constant misery meted out to them by my wife who refuses to leave. 

If my parents file for appeal/ stay against this order, how can i come in the picture and offer alternate accomodation as D.v will be filed against me also?

Please advise steps to be taken by parents and me sir. Am confused...not getting clear answers from my lawyer.

stanley (Freedom)     19 October 2012

As a matter of fact in DV you should have said yes to the judges request for alternative  rental accomodation . 

 


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