Anis (Asst. Manager - Sales) 14 April 2013

Need suggestion for dv act order

The MM court has ordered me to pay Rs.4,000/- as maintenance. And provide accommodation to her or pay Rs.2,000/- extra to her for accommodation. My query is that I stay in Virar. She is staying in Ghatkopar at her parents house. Her matrimonial home was in Virar. So can I provide accommodation in Virar. Or will her lawyer insist on accommodation to be provided in Ghatkopar only where she is presently staying with her parents. The MM has not specified where the accommodation should be provided. The order only says to provide alternate accommodation or pay Rs.2,000/- for it. I don't want to give cash to her as I know she will not take a separate accomodation and she will continue to stay in her parents house and enjoy my money for her expenses. I want to teach her a lesson by providing accommodation in Virar. The distance between Virar and Ghatkopar is 60 Kms. The case is going on in MM court which is near her parents house.

Also U/s.19 of DV Act clause (f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.

So I think that if I get an accommodation in Virar for her then there shouldn't be any problem as it is not specified in the clause as to where the alternate accommodation should be provided.

Please advise.

Thanks & Regards,

Anis

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2 Replies

(Guest)

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You have got a good case.

I just hope your lawyer is quick in your case.

Q: "And provide accomodation to her or pay Rs.2,000/- extra to her for accomodation."

Ans: You can tell the judge in the open court that you are ready to provide accmodation in Virar which is her matrimonial house.

But have you thought of the consequences of doing like that? In her matrimonial home does not your parents live tehre? Is that house empty? Am sure you are a tricky guy.

You think that she will tell no to going back to matrimonial house and you will have to pay only 4000/- per month. What if she does harm to your parents?

Have you thought about that?

If the house is empty and nobody is staying there, then no problem for you. Using this opportunity as a pretext to file cases against your parents and you, she might do anything. So be very careful of your next move.

My suggestion would be that, you pay off that rent money also to her. Let her stay wherever she wants.

There is a kahawat in Hindi "shaitaan/daayan se door rahiyo"

stanley (Freedom) 15 April 2013

I presume u/s 19 of the DV act RTR you must have stated that you dont want her back at the matrimonial house and hence the order for a rental apartment for her .Rs 2000 is a good offer you have got for a rental accomodation that too in mumbai which is difficult to get :-) pat it off and get over with it .