Right of residence

Querist : Anonymous (Querist) 18 December 2011 This query is : Resolved
Dear hon'ble advocates,
In a divorce suit, wife is enjoying/having right of residence but behaves as if she is in de-facto control of the property. Plus she has kept a sevant and harbours him so that he becomes a permanent feature in the matrimonial home. The sevant will not leave his accomodation because wife supports him.
1)So pl explain difference between right of residence but behaving as if in full control of property.How should this be presented in the family court.??
2)How should the servant issue be solved in the family court.??
Thanks

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Raj Kumar Makkad (Expert) 18 December 2011
1. It can be pleaded that the wife is misusing her position and is violating the terms of right to residence. Interference in the property of other persons is not included in the right to residence. The practical instances which provoked you all can be got mentioned in support of your application.

2. You can raise its objection that he is not a servant rather a muscleman and a private outsides having his greedy eyes and comments over the man and property of husband.

You can offer for a rented accommodation of same status to your wife before family court and it can be got accepted.

Devajyoti Barman (Expert) 19 December 2011
1. That you can place such thing but the court is unlikely to consider such intrinsic difference.
2. Like any other civil court by producing evidence which include both oral and documentary.

V R SHROFF (Expert) 19 December 2011
Why wife cannot keep Female Servant??
Object in court of her keeping MALE of her age, inside the house, and Living with a stranger.
Get Documentary Evidence, as Devjyoti suggested,
As Raj suggested, try prove him as muscleman, and she is supporting such person.
And adding extra "masala" and full proofs & Witnesses :you may get more advantages, if properly handled.

CUT HER WITH HER OWN KNIFE
Adv Shroff
19-12-2011