Hc order in dvc

Amit (Querist) 23 September 2014 This query is : Resolved
Hi,
My DVC story so far in brief.
(1) I own a house but me and my wife never lived in it. She admitted this.
(2) She asked for residence in this house, I declined since she never lived there and hence it's not a shared household moreover it has been given on rent from long time.
(3) Magistrate gave order in my favor asking me to pay monthly rent to her.
(4) She appealed in Sessions court which overruled the magistrate order.
(5) She forcefully occupied the house by bringing police and threatening the tenants to vacate.
(6) We filed for revision in HC and HC agreed that Magistrate was correct and Sessions judge erred.

The order is long but I am copying the final paras below.

. It is made clear if the wife not
occupied already the premises to uphold the order of the Magistrate but for
enhancement of the amount from Rs.4,000/- to a reasonable sum of
Rs.6,000/- p.m. by considering means of both. The revision is disposed of
without prejudice to the rights of the parties to the DVC lis and with a
direction to the trial Court, no doubt subject to existing priorities covered by
any orders of superior Courts to dispose of the DVC as early as possible
preferably within three months.

. In the result, the revision is disposed of directing to maintain existing
status-quo if not occupied already to pass an order or otherwise, upholding
order of the Magistrate thus enhancement of the amount from Rs.4,000/- to a
reasonable sum of Rs.6,000/- but for above with a direction without prejudice
to the rights of the DVC lis and existing priorities before the trial Court to give
disposal of the DVC as early as possible preferably within three months.

My questions:
(1) We're willing to pay the enhanced rent. Can we ask her to vacate the house? If yes, should I file petition with the magistrate?
(2) The DVC is ordered to be completed in three months. Is this followed or these directives are of no use in general?
(3) If I want similar time-limit order in family court, what should I do?

Thanks

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BAALASUBRAMANNYAMM (Expert) 23 September 2014
1. The High Court passed orders only to maintain status-quo, it means that you are not allowed to occupy.
2. With regard to disposal of DVC within three months, it is only a direction to the lower court to dispose off the case.
3. With regard to maintenance amount, you need to pay Rs.6000/- p.m.

Amit (Querist) 23 September 2014
Sorry your point 3 is not clear to me. The rental amount was 4000Rs and not maintenance. The case was about the residence.
So either I pay 6000Rs p.m. to my wife as rent or let her continue to stay in the house.
If I understand correctly, you are saying that the former is not possible. Is that right?

Rajendra K Goyal (Expert) 23 September 2014
From the language the decision is clear, however in case of any clarification consult your lawyer who will be able to advise after referring full decision.