sakthivel 26 July 2018

Husband property given on rent by 498a wife

Dear Sirs, 498a&DV slapped after 5 years of marriage; husband flat given on rent by 498a wife without the consent of husband; husband working abroad and has not taken bail; flat purchased on loan before marriage through power of attorney holder(husband's mother who is also co-borrower in the housing loan). Husband parents are staying in native place Tamil Nadu and the flat is in Bangalore? Please advice a way forward; can a complaint be lodged by the power of attorney holder?

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3 Replies

H.JanakiManohar Rao (lawyer) 26 July 2018

Attorney & also coborrower can lodge a complaint in d police station on tenants for tresspassing into her property.

Vijay Raj Mahajan (Advocate) 26 July 2018

Wife has rented out property co-owned by the husband is no offence. The marriage has not been dissolved. The wife had in her possession the house of her husband and she rented it out for getting income out of it for her maintenance, that husband may not be providing her. This will be her defence in any complaint made against her by the husband or his mother. The husband and his mother can file eviction proceedings against the tenant if they so desire.

sakthivel 26 July 2018

Dear Sir,

Thanks for the reply; The flat is not co-owned; it is in the name of husband and he is still paying the housing loan; in DV act and 498a she has alleged she has no place to stay and no income;before going to abroad for employment ,wife was staying in the flat along with child; she had left the home of husband after 4 months,shifted to her parents house & started working in private company; husband is still sending money but is sending lesser amount as she is working; now she has come up with all the false stories and the story cooked up does not match with the facts;the DV is in reply stage; also she had many financial loans before marriage most of which was payed by husband;how to move forward?