Govt quarter
Ayusman
(Querist) 26 September 2015
This query is : Resolved
Dear sir/madam...
I am govt employee and due to dispute with wife. she has taken all my stuff and other costly items. I am presently not staying in my govt quarter and staying some distance location. Quarter is in lock condition. Regularly getting threat from in laws for fake cases. My questions are as follows:
1. can wife enter my govt quarter forcefully without my knowledge and permission?
2. If yes( She enter my Quarter), then what happen if i surrender my quarter ?
3. Is she bound to leave the quarter( as it is in the name of the organization) or may continue to stay here ?
4. how long she can stay here?
5. can we take any legal action against her ?
6. Is Govt residence treated same as personal assets and wife can get order of Right to residence here ?
7. As I am staying at distance location, In this scenario if wife files Right to residence, what order may she get??
please help me here....
thank u Sir/ Madam...
Sudhir Kumar, Advocate
(Expert) 26 September 2015
1. can wife enter my govt quarter forcefully without my knowledge and permission?
YES
2. If yes( She enter my Quarter), then what happen if i surrender my quarter ?
SHE WILL BE COMPELLED TO FILE FALSE CASES GET YOU ARRESTED AND SUSPENDED.
EVEN THEN YOU CAN BE COMPELLED TO PROVIDE RESIDENCE TO HER BY HIRING FROM MARKET RATE WHICH IS COSTLIER PROPOSITION.
3. Is she bound to leave the quarter( as it is in the name of the organization) or may continue to stay here ?
SHE CAN STAY THERE EVEN IF YOU VANISH FROM QTR
4. how long she can stay here?
TILL YOU RETIRE
5. can we take any legal action against her ?
NO WAY ATLEAST ON THIS COUNT.
6. Is Govt residence treated same as personal assets and wife can get order of Right to residence here ?
YOUR QUERY IS NOT UNDERSTOOD. SHE HAS (I) RIGHT TO RESIDE IN MATRIMONIAL HOME (II) SEEK FRESH RESIDENCE FROM YOU IF YOU SURRENDER THE HOUSE.
7. As I am staying at distance location, In this scenario if wife files Right to residence, what order may she get??
SHE IS ALREADY RESIDING AS YOU TOLD IF SHE IS FINDING UNSAFE (FOR REASONS KNOWN TO HER) SHE CAN SEEK SEPARATE RESIDENCE FROM YOU.
Guest
(Expert) 26 September 2015
Mr. Ayusman,
Your queries look like as if you are engrossed with finding a solution to your academic question, but not any criminal case, as you have not mentioned the real problem you are facing from your wife and whether any case has been filed against you. You have simply stated, "Regularly getting threat from in laws for fake cases," but not stated where your wife is living, if not with you. Threat is not a problem that relates to your Government accommodation, as you can get threats anywhere you live.
Even if you surrender your official quarter, she would be entitled to live with you, wherever (some distance location or far off location) you are living presently until divorce is granted on application. Till married, you are liable to provide her living accommodation, wherever you live, whether in Government quarter (locked or unlocked), distant location or even in another far off city.
Sorry, your academic queries do not deserve any reply.
Rajendra K Goyal
(Expert) 26 September 2015
Hypothetical query. If any actual problem faced discuss with your lawyer.
R.K Nanda
(Expert) 26 September 2015
Hypothetical query.
Ayusman
(Querist) 27 September 2015
Sudhir Sir,
Thanks a lot for your kind concern.
Your answer for my my Question no-6 is....
YOUR QUERY IS NOT UNDERSTOOD. SHE HAS (I) RIGHT TO RESIDE IN MATRIMONIAL HOME (II) SEEK FRESH RESIDENCE FROM YOU IF YOU SURRENDER THE HOUSE.
This is not her matrimonial. Our Matrimonial home more than 1500 km away from delhi. I bring her here after 2 months of marriage and she stay here less than a month without maintaining matrimonial relationship and she just left more than one and half year without giving any information.
Now my question is ... Since this is a govt quarter not my own, so is there any right she can claim to stay here as i know from some source that she cant make any claim on govt residence.
