Chirag 09 July 2016

Residence rights forcefully by wife

Dear Members,

Wife has filed PWDACT sec 12 after CRPC passed by judge in family court which i m paying monthly....I am staying with my family and property is under my parents name....Wife deserted me 2 yrs back with my son & afetr so many mediation she doesnt want to join me....Till date no DV ahs been proved ....

My question is can she forcefully enter my parents house as i dnt want her to haress my parents n file false case later....I hve told judge i dnt mind renting a flat in mumbai and staying with her n my kid...but she denied....I dnt hve any money to pay for rent as i m already paying 12k as maintanance when my salary is only 18k ...What wil happen in PWDACT sec 12 ....any guesses

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8 Replies

jack (nothing) 09 July 2016

She can't enter in to in laws property . For more info read Batra vs mrs Batra SC judgement .

(Guest)

Yes ur correct nothing happnd brother

Chirag 10 July 2016

Thank you sir but what if she claim for rent ....I dnt hve money as I m already paying maintanance .....I can take a rent house in Mumbai for her where I can live with her .....

Born Fighter (xxx) 12 July 2016

Your wife can claim for the MOON, but court will take into considertaion your income also. You are already paying maintenance so there will be no question on paying rent at this stage when DV is not proved. If wife does not prove DV then no maintenance to her is the court ruling.

Khush 12 July 2016

born figher has given good advice, why u r frightened. court has given her interim only. if she will be unable to prove DV during course of the proceedings, then she will loose maintenance.

yudhvir 05 November 2016

she filed a dv case also but that was in his favour

yudhvir 05 November 2016

dear sir

can a woman live focefully in mother-in-law house while her husband living outside for job even her wife is getting maintaince charges and her wife is torturing her mother and not giving even maintaince charges of house like electicity bill etc and she filed a dv case also but that was in his favour if dv is not in his favour what yet he has to give her maintaince she is living in his house from last 3 years