hi,
We have an apartment which is registered jointly in my name and my mother''s name. I have been paying the EMI for the same for last 6 years. Currently my wife who has filed DV & 498A case is living in it based on DV case which allows her to live there as it's her matrimonail home. I alongwith my parents are living outside in a rented apartment. She is now holding me to ransom threatning to esnure that she woudln't let us come n live there and may resort to false allegations or try to get our bail cancelled.
In the meantime iam filing an affadivit in the court under DV wherein iam saying that she can come and stay with me in my rented apartment and my parents can live in our own apartment but i know she wouldn't agree to it and create problems. I want to know the following:
1) what can i or my parents do within the purview of the law to ensure that they go and stay there and she possibly is asked to vacate the apartment?
2) if that's not possible, how can we ensure that her father who is also living there is thrown out and we get to stay there alongwith her as a shared household as it's a 3BHK apartment?
3) what happens if i offer in court that i will provide her and alternate rented accomodation if she doesn't want to saty with me?
4) how does court view it if i stop paying EMIs and eventually let bank take possession of the property and then reclaim the same from bank?
5) in any scenario, what orders can i or my mother get to esnure that she or her family can't stop us from going and living in our apartment?
please advise.
