Shared household?

Dear, Court can ask for separate rented property for your wife to make her stay, but will not impose ur aunt to take her inside .. yes your liabilities will be taken into consideration while awarding maintenance..... Kapil Chandna Adv 9899011450

Shared house, for your wife shall constitute where you are residing.

In the instant case you are residing as a licensee of your bhua (aunt), not your house.

You will have to make arrangements for your wife.

Thank you sir for the clarifications.

 

What my parents or I can do so that residence arrangements can be made somewhere else without my parents leaving the house where they are currently staying.

 

My aunt will not include herself for any court proceedings and want to stay away with all these complications.

 

My wife is also claiming that before marriage we have said that the said house is ours (not true) thus blaming us for fraud and cruelty to her. We will surely deny the fact however can we submit anything on her greed. Earlier with the help of mediators she has pressured us to purchase a house. I do not have sufficient savings to do so and don't want to take any financial help from my old age parents. Also there is already a personal loan running so bank is also denying for any home loan at this stage.

 

Please guide further.

Punit

You should rightaway arrange for a separate accomodation and send a notice through your lawyer to your wife stating that you have made so and so residence and that she can join you there.  Your written statement should have that new address which you took on rent or lease etc.

The magistrate has power u/s 19 and 23 of DV act to make your wife go along with police protection and stay where you are staying, ie in NOIDA, but you have to make known to the court the status of the said flat and also let know the  court that you are working in NOIDA and provide the address you are staying there or as I have described above take new residence for wife to stay.

If you wont do this, it will amount to non-compliance of court order and nonbailable warrant will be issued on your name, if caught, you go to jail for long time until magistrate shows mercy on you and gives bail.

Can my mother also get any relief under DV? If yes, how

What is the allegation vis-a-vis relief claimed against your mother, discuss the issue with your counsel. Nothing can be  presumed and no advise can be rendered in the absence of specific information.

The house in the name of your aunt cannot be claimed as a shared household by your wife.  She can claim residential rights against you, if she is claiming residence in your aunt's house, your aunt can issue her a notice to vacate the place.  If your wife has filed DV case against your mother, that has to challenged based on the  merits on your side.  Consult your lawyer for further issues.