Divorce

Querist : Anonymous (Querist) 01 October 2011 This query is : Resolved
Dear Experts.
I have a self acquired flat where my wife ,son and myself stayed for 10 years. After this we shifted to another flat which was my father's self acquired flat.My father expired and willed it to me.I have filed for divorce after 15 years in my father's flat where we have been staying. Court jurisdictions are separate for the 2 flats. My wife and son are working and drawing good salary. Can my wife claim any right of residence for 1st flat when we are staying in second flat.
Thank you experts.

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Guest (Expert) 01 October 2011
under divorce act she cannot claim. in domestic violence act she can claim.

Shonee Kapoor (Expert) 01 October 2011
I agree with Mr. Ganesan,

However the two flats in your ownership would impact permanent alimony for sure.

Regards,

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

Chanchal Nag Chowdhury (Expert) 01 October 2011
Depends on the terms of settlement at the time of passing of the decree.

M.Sheik Mohammed Ali (Expert) 01 October 2011
yes, i do agree experts query reply

ajay sethi (Expert) 01 October 2011
is your wife contasting diovrce?

if divorce is by mutual consent terms of settlement are laid down .

while drafting consent terms protect your interests as fr as residence are concerned ,

your wife can move under DV act for right of residence to stay in shared household . ie flat wherein you last resided together ie your second flat

prabhakar singh (Expert) 01 October 2011
Why so hypothetical question has been put forward by you.If there is any dispute going on between you two????????

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