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life_goeson (owner)     08 September 2013

Share household in dv urgent

wife asking for share household in dv case. house belong to mother in law name so can she get a right to live thr. husband is living in same house and wife shared a domestic household in same home. after marriage wife lives in same house but it belongs to the name of mil. so can court deny her right on share household of home which is of her mother in law name? even though if she shared a domestic life thr. beaucse i read a case whr a house belong to husband or rented or joint family can be called share household. wife is stating that she lived in same house after marriage so this is her share house 

 

please provide a ans we dont want her to get residence order 



Learning

 6 Replies

Tajobsindia (Senior Partner )     09 September 2013

1.    As soon as DV Complaint is filed against respondent husband, he should leave the shared accommodation and seek rented accommodation and offer that rented accommodation to aggrieved wife (Complainant).

2.      If the shared accommodation is registered in your mother’s name (her MIL’s name) then your mother (her MIL) can seek a injunction order in a civil Court based on ‘domestic harmony getting disturbed if such rights is allowed to a DIL'.

3.     One can offer Rent in lieu of shared accommodation to aggrieved wife (Complainant). 

4.  One can also constest the relief based on education - income capacity of aggrieved wife (Complainant).

5.       Discuss – explore above options with your Advocate.

 

life_goeson (owner)     09 September 2013

thx you sir.... one more thing i dint understand your point 5

One can also constest the relief based on education - income capacity of aggrieved wife (Complainant).

on her education or income capacity we can deny her share household is it possible.?please tell me how 

Samir N (General Queries) (Business)     09 September 2013

Regarding shared household, do a google search on "domestic violence" "Batra vs. Batra" and you will get the relevant Supreme Court judgement that you can use to show that your wife has NO RIGHT of any kind in your mother's home even though she may have lived there and continues to do so. I would not advise you to incur additional monies in renting a new place. First, it will set a precedent that can and will be used against you in the future. Second, can you afford it? Third, she will get a psychological advantage... She will start making other demands knowing that you are afraid of her cases. 

Let the case go on... Emphasize her qualifications and experience and show that she is capable of earning. Do the reverse for yourself... that you are not earning a lot.  Show that you have a place with your parents and see no reason to incur additional expenses to rent another and that she is welcomed to stay there. Make all efforts (ON PAPER) to get her back so that you can at some point in the future show that she has deserted you. Show that you are suffering from mental pains because she has deserted you. Go to a Psychologist, get some prescripttion, etc. Keep all records. 

Be confident and that confidence must ooze out of you in her presence. In DV cases, jo daraa vo maraa.

 

stanley (Freedom)     09 September 2013

Originally posted by : life_goeson

thx you sir.... one more thing i dint understand your point 5

One can also constest the relief based on education - income capacity of aggrieved wife (Complainant).

on her education or income capacity we can deny her share household is it possible.?please tell me how 

Point no 5 is that if she is a able bodied working women drawing a sufficient income and with a Housing rent allowance than it can be argued and she can be denied shared house hold .

life_goeson (owner)     09 September 2013

Thx samir and stanlay but i m sorry jitna easy yaha sab advice dete hain court mai waisa kuch nahi hota.. Judge always favour girls in court.  Thts wht our lawyer has told us ki online sites par sab advice dete hain jaise its a piece of cake. Now we are very heartbroken

rajiv_lodha (zz)     09 September 2013

Yes, Judges have their own way............especially in DV cases. But boy can well prepae his defence if he knows WHAT LAW SAYS!


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