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kalyan (engineer)     15 January 2013

Place of stay - after divorce petition

 

I am expecting a compensation or alimony case. I am ready to make arrangements for accommodation and food for my wife and child if she accepts to reside in my home town. If she refuses to stay in my home town and wants to live only with her parents, will court still grant her compensation? I am ready to keep her in separate house to avoid DV and 498a in future. Can she ask for a plea to stay with her parents by saying that she is alone if she resides in my home town?



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Tajobsindia (Senior Partner )     15 January 2013

  1. Question of compensation comes when she files a DV Complaint case not before!

  2. Question of PM maintenance and final alimony comes when she files Divorce case and not before!

  3. Wife under DV Complaint PO has either one of the two allowed remedies to pick so far as R-T-R is concerned; One stay under PO at matrimonial home OR second as per S. 19 (1) (f) DV Act take pm rent as per status of parties to an alternate accommodation. Rent agreement and furnishing in second remedy is respondent (husband) ball. Only one out of these two remedies is her choice and not stay at Taj Mahal Hotel remember that whenever either or both cases goes to floor of Court. No DV Court gives her order to stay at her natal home, she has to follow first one or alternately follow second one as remedy allowed to her by way of interim PO.

  4. Now if no case (civil / Criminal / quasi criminal) have been filed as yet and you thinking to provide her alternate accommodation and upkeep pinup money regularly via bedroom talks which she is not listening to so far, then best would be to test offer and for the same approach local District Court’s ADR Center and place your matrimonial facts and your apprehensions without either party needing to resort to Court cases upon each other for an amicable solution via ADR just to diffuse the evolving matrimonial issues. The ADR Center will call her for cordial discussions and place before her your such and such offers, if she accepts well enough fine good, your offers test succeeds whereas if she does not then opening few paras are what it is right now to discuss in your query.

 

Good luck with placed till date unclear facts.


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