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Dear All,
request you to kindly clear my doubts on right to residence aspect in DV cases
1) if rent and separate residence is claimed by lady in DV case, then does the husband has to arrange the residence in his hometown or she arranges house in her hometown and husband pays the rent?
Husband need not arrange a house for wife in her hometown or the place she wishes, he can arrange a house for her to stay in the place he wants and according to his income. In case, wife produces such n such rent agreement of a house situated in her hometown, then husband is liable to pay such house's rent that also according to his income. She cannot ask for a palatial house when the husband can afford to pay only a single bedroom flat's rent, though the husband should make know the court about his own earning capability and also his wife's for the court to make a fair judgment as to how much the rent should be,
2) does the husband compulsorily have to take alternate residence nearby his own house, or he can arrange in some other suitable place. if he is not able to take a rented accomodation in his area due to high rates of rent in the locality. even after paying of monthly maintenaince
Husband need not arrange a house for wife in her hometown or the place she wishes, he can arrange a house for her to stay in the place he wants and according to his income. In case, wife produces such n such rent agreement of a house situated in her hometown, then husband is liable to pay such house's rent that also according to his income. She cannot ask for a palatial house when the husband can afford to pay only a single bedroom flat's rent, though the husband should make know the court about his own earning capability and also his wife's for the court to make a fair judgment as to how much the rent should be,
3) can she claim right to rent in such a place where there is part ownership of husband and part ownership of his brother, but that place is rented out to a tenant with a registered lease agreement. if the house is given to a tenant, then can the tenant be forcibily evicted by the court to accomodate the woman?
It is better to take away this thought from your mind, as doing such will lead to more complications and headaches of asking teh said tenant to vacate [problem for the tenant], tenant may tell that he wont vacate and may go to court.. so more litigatoin and headaache... WRT your query.. you can ask wife to stay in such place as you too are the owner of the place, but this implies more headache for you and your brother, and if she does not leave the premises, more litigation. If you tell the court that the said property is in joint ownership, the court will ask to settle the matter amicably by just agreeing to pay rent, whiich is more a cheap n best method.
4) does the concept of shared household mean: the place where the husband is presently residing.?
Shared household implies the house where the wife went after marriage, and such house should be a ancestral property of the boys father or mother, only then she can lawfully gain entry into such premises. If the said property is a self earned property, then DIL cannot claim residential rights in such property, but she may get temporary relief to gain entry to such property provided her husband is staying in the said premises, if the husband is not staying in such premises and resides elsewhere, then DIL cannot gain entry into such property.
5) if the husband has a property in X place, but he is residing in Y place, so where can the woman claim residence, in X or Y place? the X place is given on rent under leave and licence agreement.
Wife has right to residence only at the place where husband is staying and further, if husband is staying with friends or PG accomodation, then such premises are not deemed fit to be dwellable for husband and wife. if such X place is given on rent, then she cannot thrush herself into such premises.
6) if husband is ordered to pay rent, and he agrees to pay it, then can the wife take a residence of her own choice?
If you pay rent and the wife continues to stay with her mom or her relatives, then same need to be brought to the attention of the court, as such rent was ordered to be paid as she claimed to be homeless/incomeless. If she is leading a luxurious life elsewhere, you need to show evidence to court for getting the rent order dismissed in sessions court.
7) wife has alleged threat to her life from husband and family members, so, in such a scenario, can the husband argue that if she is claiming threat to her life and limb from husband and family, then it is equally dangerous to husband as she can file false cases against him. so he can better way pay the rent?
If she is telling that husband and his mom dad are a threat to her life, then her actions become contradictory. She cannot tell I want to live with my husband and in-laws and also blame them to be villains. Such allegations wont stand in court of law.
Just pay your wife rent, and the headache is solved.
Request you to kindly solve my queries, appreciate your help, all of you
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