Chirag 02 July 2016

Wife asking for rental house

Dear sir,

Recently i got a notice of sec 12 PWDACT 2015 in district court and i came to know that she is using tactics for extracting money using the said above act and using it to buy a rental house and tell me to pay for her rent,..

!25crpc has already been awared which i m paying it only monthly basis....stage is now on evidence in family court

How should i deny it as i hve already told that i will keep u on rent basis in mumbai & lead a happy life but she is using this tactics in gujarat....We are not staying together for past 2 yrs & she is staying at her parents place lavishly...she even asked for my mother house which judge denied so she is using this as a tool....

Please help as i m already paying 12000 pm ( 8k for wife 4k for 2yr old son ) from my slaary of 18000 and i dnt hve enuf money....

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8 Replies

(Guest)

12000 is ok. Under DV court will grant her rent. That you need to pay or else prove in court that no domestic violence occured. If you prove that no domestic violence has taken place, court may not allow her petition seeking rent, bear in mind that alimony awarded under 125 is different and maintenance asked under DV act is different.

Though there is rule stating, a person cannot be granted alimony under two different sections of law, courts being lenient to women, will somehow allow her petitoin under DV.

Options are going for quash in HC, or going for stay and dismissal in sessoins court for the DV case.

Other option is to offer one time alimony and get rid of the headache,

Kumar Doab (FIN) 02 July 2016

Did you not dfend that our income is Rs.18000/ and you are being asked to pay Rs.12000/ ( ~67%) out of it?

Did you not ask to stay with you?

Anyway you have your own lawyer and he/she must have advised you.

Chirag 02 July 2016

Sir I argued for interim maintanance but judge didn't listen and offered her......I m staying in joint family along with brother n bhabhi.....its my father's property n my mother house is on rent Mediation happened so many times....but all they c is property n money nothing else....

Chirag 02 July 2016

Just to seek more money she filed for pwdact sec 12 on me....for past 1.5 yrs nothing has been proved now case is on evidence stage....

Chirag 02 July 2016

If wife is staying at her parents place for past 1.5 yrs question of rent shudnt cum .. ..dis is sick....

Khush 03 July 2016

well, if u r in mumbai, and she left u from mumbai, and u r doing job in mumbai, tell in court that you are ready to offer her a rented accomodation in mumbai. and see what she says. if she denies rental accomodation offered by husband, then she will not be entitled for any further maintenance (already a judgement by higher court)