LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Urgent help

My wife has filed 498a,followed by dv after 2 months of marriage ..she has stayed only for 10 days with me ..in dv she has said that my husband has driven me out of  his home and is not allowing me to enter ..she has asked for only residence order,protection order ..but I don't want her ..can she get a residence order ?she does not want rent or any maintainance ..how can I avoid her from getting interim residence order??house is on owned by me ..



Learning

 8 Replies


(Guest)

Only at following circumstances:

1.proove that her cases are false

2.proove her that she is earning well.

3. Proove that if she resides in your house then it will be exceptional hardship for entire family.

4. Convince the court that you will manage a different residence or a rented accomodation for her.(at worst case)

Pavan Kumar Annabathuni (Attorney)     04 September 2013

Mr. Vijay, you must first understand that women in the society are well protected by law. Why don't you file for divorce when you don't want your wife to join you. Where do you stay. You may please contact me on 040-662 88 888.

(Guest)

@sufferer ..can I deny access to my wife in my house ..I have read in this forum a judgement that.' denying access to wife in shared household is domestic violence '..I had filed a complaint that she has physically abused me before her 498 a and dv ..will this be helpful ..she has mentioned in her case that she does not want rent as a compensation to her right of residence ..can judge deny her right to residence and ask her to take rent ?in no circumstances I want her in my house ..

fighting back (exec)     04 September 2013

has she asked for injunction orders to prevent selling your property from court? 

you can immediately move out from the present residence and take a rented place, and stay there and ask your wife to accompany you at that place.

sorry, you cannot prevent her from entering, as the house is in your name:(

you have to either gift away your house to your blood relative or better way sell it. or prove that due to her your parent might be endangered for life..this is the only way out.

@sufferer...hey bro. want your advice on this: is it ok to gift away the house when the case is sub judice?


(Guest)

@fighting back ..she has asked for injunction ..I am paying the emi of the house...my parents don't stay with me ,they are staying in other city ...I really don't understand how to come out of this ...


(Guest)

Dear Vijay,

If that house is on your name then she is very much entitled to live there.No court can deny her request.

But point to be noted here,If a wife is facing so much pain and torturous life from her husband then why that women still want to live with her husband?

498A was not less but again she added with DVA 2005,Hat's off to her....


Your condition is like a refugee from your own Home.If she will come to your home then you will suffocate,If she will not come to harass you then she will suffocate.


Now,What to do?


Solution:


1. File sec-10 for Judicial seperation as your marriage has not completed 1 year to file Divorce according to HMA 1955.In exceptional cases within one year you can file U/s 14 HMA but it all depends on the judge whether he grants your petition or not.


2. Plead for judicial seperation on the basis of mental cruelity done by her by filing 498a,DV cases on you.State that it's impossible to live with her under same roof after filing of her cases.It's very impractical to live with a wife who says that her husband is cruel and yet want to live with her.This mental torture can't be handled by me.


3. If she has not filed any stay order on your properties then gift your home via Gift deed to your own mother.


4. If judicial seperation is granted then both of you will live seperately till one year,if  again no reunion occurs for 1 year then you people are eligible for divorce.




(Guest)

@ Fighting Back,

Anything prior to evidence stage and prior to stay order is achieveable.


(Guest)

@sufferer ..will doing  a gift deed solve my problem as I have to shell a huge amount almost 1.5 lakh  for it ..before 498a we had councelling at womens cell during which I have said that I don't wish to take her back due to her mental cruelty ..in dv she has said that husband has asked for dowry and has not allowed me to enter the house as I have denied giving it ,so i want access to shared household  which is my right ...can she oppose judicial separation sir ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register