Residence right

1.    He is right on the face of his advice.

2.    However, if the shared accommodation is registered in your mother’s name then she can seek injunction based on ‘domestic harmony getting disturbed if such rights is allowed to DIL’.

3.   Further to para 2, you can leave the shared accommodation and seek rented accommodation and offer rented accommodation to her as alternate residence.

4.    Still carrying forward from where para 3 was left one can offer Rent in lieu of shared accommodation to her.  

5.    Discuss – explore above options with your Advocate.

When it comes to wife seeking rights in "shared household," the first line of defense is to exploit the Supreme Court's decision in Batra v. Batra (2007) 3 SCC 169. The Supreme Court has narrowed the interpretation of "shared household" to mean 

“As regards Section 17(1) of the Act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a `shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member."

What that means is if the house does not fall in the definition stated above, then she cannot seek any right of residence on it.  What if the house was purchased by you but does not stand in your name? The burden of proving that it was actually bought from your monies is on your wife. Also, are you living in a joint family. You need to understand that term from a legal perspective. 

The right to residence requires a thorough analysis of the facts of your case. If you provide the facts to me, may be I can offer some advise if I know of a way around it. That said, I must tell you that I am not an advocate but have thrashed my adversaries in DV, divorce and other cases, all the way up to High Court, all on my own, while my ex-wife had an army of advocates. 

Good luck to you!

yes.. one more thing, right to residence is also covered under maintenance laws. You have only mentioned DV, therefore I narrowed my defenses to that. Has she filed a separate maintenance prayer or application? If so, then thats a whole different ball game but nothing to worry. There are also many defenses there...

Agree with above experts reply...!

@samir n..sir marrriage is 5 months old..house is in my name and I am paying the emi for same ...in dv case wife has asked for residence right in shared household,no maintainance  asked ...wife stayed in my house only for 5 days ...parents stay in different city ..wife first filed 498 then dv .

She stayed with you for only 5 days and she has filed 498a, DV, etc.  She is effectively alleging that you have done something BAD during just five days to warrant a case of 498a, DV, etc. There must be something to this that you are not disclosing. You can send private communication if you feel uncomfortable discussing it in public. But if you want some advise, you need to state all facts accurately. 

My wife had threatened that whatever the outcome of residence order in dv case is she will enter my house forcefully ..says that even if u lock the flat I will break it and u will not be able to do anything legally...is this possible that I can't do anything if she comes to my home forcefully?