Husband has sold/abandoned the house , so that wife cannot be allowed in the matrimonial house
Arun Jaiswal
(Querist) 17 February 2014
This query is : Resolved
Hello sirs / madams ,
This matter is pertaining to my sister , who is referred here as "wife" in the matter.
The wife delivered the baby girl in the hospital and since husband was unhappy with baby girl and he refused to take wife - baby back to matrimonial home and instead filed for Divorce petition on the false ground of cruelty.
During the pendency , the wife tried to return back to matrimonial house with the baby girl , but the husband took temprorary injunction to restrain the wife and child from the matrimonial house , during the pendency of petition.
Wife protested the Injunction stating that - as per newly enacted Domestic Violence Act - The wife has right to stay in the matrimonial house which is solely belonging and tenated by the husband even during the pendency.(She cited Batra case of Hon Supreme Court by Jt.Markandey Katju).
The matrimonial house is a tenanted house and solely belongs to the husband only and no relative or parents have any stake in the matrimonial house.
However the Court granted the injuction to husband.
Now the divorce petition is dissolved and husband has lost the petition against the wife and hence the Injunction is also vacated due to it.
But immediately after the loosing the div.petition, in order to restrain the wife again to join in matrimonial house , he has exchanged the house with his friend.
He is telling the courts that he has sold his matrimonial house and now stays in leave licence house in a shanty like home . And if wife wants to join him , than she has to stay with him in the "shanty" home and cannot claim any rights in the original matrimonial house.
On the other hand , the wife alleges that all this is a tactics of the husband to restrain her and baby to stay peacefully in matrimonial house. She further proved before the court that all the ration card , election card , shows that the original matrimonail house is still belonging to the the husband and alleges before the court that husband has done all this deliberately to confuse the court and make mockery of law which as per newly enacted Domestic Violence Acts as discussed above.
The Court is now confused , as what to be done in such circumstances and wants the wife to produce some more case laws pertaining to the matter enable her to re-instate her back in the matrimonial house.
Wife is in person and seeks help from the law experts to guide and support her and her baby.
regards,
ajay sethi
(Expert) 17 February 2014
was Deed of exchange duly stamped and registered?
wife should insist on alternative accommodation under Dv act .she should also claim maintenance for herself and the child .
Arun Jaiswal
(Querist) 17 February 2014
Thank you Sethi sir , .
First thing the house was tenanted , viz , "Pagdi style rented house" which is still prevalent in South Mumbai and there are no deed or stamp / registration still mandatory for such transactions.
The 1st tenantee has to surrender the house back to landlord and landlord will reallot to 2nd tenatee. The sale proceeds are in cash to 1st tenantee from 2nd tenantee the and landlord generally takes some percentage of sales proceed from that prior alloting the house to 2nd tenatee.
Meanwhile the option of alternative house suggested is not a remedy , and this infact coincides and goes as per the wish of the husband. The husbands already wants to dislocate the wife from the original matrimonial house.
And if wife takes alternate house that later after few months , he will again abandon the new house by not paying rents or some other pretext etc..and wife will again be evacuated even from new house and
thus that will even not resolve the matter and wife will have to approach the Courts once again for her right to residence.
ajay sethi
(Expert) 17 February 2014
for your information under mahrashtara rent act 1999 document has to be in writing and tenancy agreement has to be registered .part of sale proceeds have to be cheque .
draw attention of court to provisions of rent act
Rajendra K Goyal
(Expert) 17 February 2014
Wife can file case of domestic violence and claim maintenance along with the right for residence.
Contact a lawyer and show him all the documents.
Rajendra K Goyal
(Expert) 17 February 2014
Wife can file case of domestic violence and claim maintenance along with the right for residence.
Contact a lawyer and show him all the documents.
Arun Jaiswal
(Querist) 17 February 2014
Hello Mr.Goyal .
Case is already inder Domestic Violence act as suggested by you and Judge is partly agreed with the wife , but still hesitant to pass the order and requires wife to submit some related case law or previous judgements or law point from Domestic Violence Act or any law enabling him to reinstate the wife and the child back to the matrimonial house.
So can you gentlemen , pls assist us with some relevant case laws of Supreme Court / High Courts.
Devajyoti Barman
(Expert) 17 February 2014
Who is the tenant of the matrimonial home. if your husband is not the tenant, the wife can not be allowed to enter there.
You better ask for monthly allowances towards rent of alternate accommodation.
Arun Jaiswal
(Querist) 18 February 2014
Barman ji ,
Husband claims that he is no more the tenant of the original matrimonial house . But his GAS connection / Election Card is still not changed to his new house and is showing address of that the orginial matrimonial house even after 1-1/2 years . So that depicts that the husband has not sold the house to his friend as claimed by him . And in reality he is still the tenant of the house.
So please guide if above argument is correct or not ? Whether evidence of "Gas connection" and " Election card" are admissible or not.
ajay sethi
(Expert) 18 February 2014
people seldom bother to change address in election card unless fresh elections are being held . gas connection is different issue altogether . fact that for 2 years he did not bother to change gas connection would definitely indicate that some thing is fishy . but the clinching factor would be stand of landlord . obtain letter from him as to who is his tenant
Arun Jaiswal
(Querist) 18 February 2014
thank you Sethi ji ,
And I agree with your views about the Election card.
The fresh rent receipt issued by landlord no-more shows "husband's" name as tenant.
The rent receipt shows new tenant , who is friend(Mr.Tiwari) of the husband.
Actually to confuse the court , husband has exchanged the house with his friend (tiwari)and husband has given his friend his matrimonial house and husband in turn is staying in his friend's "shanty" house.
All these are done with a malafied intention to restrain the wife from the original house and confuse the courts.
And only thing wife has in her hand to prove that husband is still the tenant of original matri house is "GAS CONNECTION" and " ELECTION CARD".
So please share your expert views , how can the above evidence utilised to suffice the concise of the court tt husband is acting oversmart / fishy and he is still the tenant of the house.
Devajyoti Barman
(Expert) 18 February 2014
do not run after any particular home.
You better claim rent for alternate accommodation.
Sudhir Kumar, Advocate
(Expert) 26 March 2014
I think very senior members are trying their wits end to give him advise and he has problem for every solution being suggested.
Arun Jaiswal
(Querist) 27 March 2014
Mr.Sudhir if you cannot give advice , pls dont make a mockery . If the matter would have been so simple and lucid I would have not sought the opinion on this forum .
The husband has already tried to make the case as confusing as possible for the Court and hence its is quite possible that Judge will agrees to wife contention or will be able to arrive at an accurate judgement. And hence I wanted to have a logical advice from this forum to be able to put forth the case before the Court.
Your such comments are highly demoralising to the litigants and even experts trying to make suggestions.
In any case , I am very happy and thankful to other experts who although not having full background of my matter have tried their level best to provide me remedy.
Devajyoti Barman
(Expert) 27 March 2014
Mr Jaiswal.
Do not be rude towards any expert here.
Everyone here has right to give their own opinion.
If you do not like any particular advice, ignore it but mind your language in future.
Arun Jaiswal
(Querist) 28 March 2014
Mr.Barman ,
yes everybody has right to opine but no right to mock on this forum . Minding the language applies to everybody in the forum including the experts.
If any expert doesnot want to help , he can also ignore me but not mock on my case.
