harassedbylaws (india) 12 March 2010

RENT OF FLAT vs MAINTENANCE BY WIFE

I have a flat where me and my spouse never lived there . My flat was bought 2 years before marriage and it has been rented at that time onwards. I have a Rental agreements with me also.

We lived at abroad immediately after the marriage but the spouse desserted and live in india. No kids invoved. Wife did not worked when she was with me.

1) Does my wife can file maintenance either DV/crpc 125/something else to get right of residence of the flat though it has been on RENT for years. One more thing is , she is currently working ( after dessertion) and getting good money ??

2) Can I file any injenction cases using Rental agreements/loan papers on my wife to not tresspass on my flat?

Reply Follow

2 Replies

Suchitra. S (Advocate) 12 March 2010

Sir, Your wife can file for maintenance even when she is working , under either DV Act or s.125 CrPC. Now you cannot file for injection as she is not staying there at the moment.

harassedbylaws (india) 13 March 2010

Thanks Madam. Could you please little more clarify the answer to the first question "Your wife can file for maintenance even when she is working , under either DV Act or s.125 CrPC"

You are right . I know my wife can ask me 'taj mahal" under maintenance (;- , but my question is , if the apartment is RENTED, does she can STILL ask right of residence of this apartment ??