sandy 24 April 2015

How to avoid residential rights for my wife

My wife has a medical problem and I am planning to divorce her(not yet into 1 year of marriage).In meanwhile i have a house on my name in india and i who'ld like to avoid her residential rights s my parents live there she will try to harass my parents in case if she join them and can file DV case also.Can i get a injunction order on her or ask her to live separate as i will be ok to pay maitainence if needed just to avoid this and safeguard parents.

Also if the medical problem preexisted before the marriage and this info is not revelaed at the time of marriage can she still claim for maintenance?.Is there a way to counter this as their family cheated on me .?

Please advise?

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saravanan s (legal advisor) 24 April 2015

since the house is on your name she can claim right to residence.you can either arrange a seperate accomodation for your parents or you can tell the court that you will arrange a rented accomodation with all the facilities that she enjoyed in her matrimonial home and you must pay the rent.

if the medical problem is so severe that its impossible to lead a normal married life and that too it existed at the time of marriage and they have concealed it from you then you can file for annulement of marriage under hma.annulement has to be filed within a year from the time you came to know about it