domestic voilence act

Built Trust (Querist) 27 December 2011 This query is : Resolved
Dear Sir,

Whether relinguishment of right in favour of mother just before case filed under DV Act can be done by son? In such case wife can take residence order u/s 19.

Whether such relinguisment deed will be valid or not?

Thanks

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Shonee Kapoor (Expert) 27 December 2011
If relinquishment deed is complete and possession has been handed over, it becomes the sole property of the mother.

However, depending upon whether the said property is a matrimonial house or not and where the husband is staying would be the points bearing the right of residence in that property to the wife.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M.Sheik Mohammed Ali (Expert) 27 December 2011
yes, i do agree expert opinion

ajay sethi (Expert) 27 December 2011
agree with shonne .

Deepak Nair (Expert) 27 December 2011
I too agree with Mr. Kapoor

prabhakar singh (Expert) 27 December 2011
Mr.Shonee Kapoor has very aptly advised.

Built Trust (Querist) 27 December 2011
Dear Mr. Shoone,

Thanks a lot for your comments. Myself and my wife was staying in the same house after marriage. Now I am staying sperately in rented accomodation and my wife is staying at her paretns house. Now whether court cant still pass residence order.

She has filed complaint in women cell around nine months back and relinguisment was made my myself just few days before.
She is aksing for huge amount to settle amacibly, which is beyon my financial position.
What should I do??

V R SHROFF (Expert) 27 December 2011
DV ACT , Your wife can include your mother also in Respondent List, so transfer of residential premises from you to your mother's name is of no consequence.
Over and above , residence right in matrimonial home and access to shared household have nothing to do with the title of the property.Possession and property have nothing to do , she still get residence order, and injunction.
Such relinguisment deed will be of no use.......
Such Monkey business do not yield anything, is useless work.

you have to really built trust.

Devajyoti Barman (Expert) 27 December 2011
Yes the court may still pass the order for arranging provision for alternative accommodation even if you transferred the property.
However at least the house is saved from encumbrances.

Built Trust (Querist) 28 December 2011
Dear Sir,

What I understand from Batra Vs. Batra case that wife can claim right of residence against her husband only. In property belonging to parents-in-law, she cant claim any right.

I am ready to provide her alternative residence.
Please reply.
Thanks