Allowing one room??

Querist : Anonymous (Querist) 01 October 2011 This query is : Resolved
Dear Sirs...
My whole family got trapped in whole 498a and DVC cases..My wife got order under sections filed u/s 20(3)and 23 of DVC act to grant Ad-interim maintenance of Rs. xxx.

now her lawyer wants to put a application for allowing one room in my house? Now the main DVC case trial will be going on ....on what conditions i can deny this...I have got proof that she is earning now??

Follow Query

Report Abuse

ajay sethi (Expert) 01 October 2011
under DV act wife can claim right of residence in shared household.ie flat wherein you both stayed together .the fact that she is earning now will have impact on her claim of maintenance if any .

prabhakar singh (Expert) 01 October 2011
DV act is a shelter for wife to keep you with in target of her shoot.

Advocate Bhartesh goyal (Expert) 01 October 2011
Yes if you are the owner of the house then your wife has got rght to claim separate residence in that house and if the house is under ownership of your parents than she can not claim.

Shonee Kapoor (Expert) 01 October 2011
Dear Sir,

Please find out where she is working and how much she is earning and what is the salary breakup, Does she get any HRA (House Rent Allowance).

Also, if worst come to worst, offer to give her equivalent rent and don't let her come and stay in your house.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Chanchal Nag Chowdhury (Expert) 02 October 2011
U R advised to Challenge the residency, if granted. If necessary, Challenge the legality of the provision itself.