Please help
Nilu
(Querist) 12 May 2014
This query is : Resolved
I filed petition for nullity and divorce against my wife within 4 months of marriage on grounds of non consummation and cruelty.At the same time i submitted interim injunction and requested court not to let her enter my self acquired place since she left on her own.Me and my wife used to stay alone and property is on my name,it was purchased on housing loan and housing loan is due and i am paying monthly EMI for the same.
There are several reasons for filing the petition and i dont want her back in my life.She left on her own 3 months back giving me threats and currently staying with her mom and dad.My wife in her written statement mentioned that i use to ask money from her parents and use to hit her and harass her for money.She also submitted another application stating that she has right to reside in matrimonial house.She is a working lady and she wants to come back and stay with me at my self acquired property.
My lawyer told me that she will file DV against me but still i have not received any summons.Its been 4 months and now Judge asked both the parties to file written arguements. My wife wants to come back but i am not interested in continuing with her.
I want to stop her from entering matrimonial house.Please ADVISE....
One more thing i want to mention is that i am ready to pay rent if she wants to stay separately and it is mentioned in my Rejoinder.
Please give your valuable suggestions
ajay sethi
(Expert) 12 May 2014
1) your lawyer is right . as your wife she has right to stay in matrimonial home .
2) you can offer her alternative accommodation in case she files DV case
V R SHROFF
(Expert) 12 May 2014
Moment Domestic relationship is established : DV comes in picture.
Even no marriage- only live-in relationship-
or divorced wife
bY filLING petition for nullity and divorce against UR wife , YOU ACCEPTED DOMESTIC RELATIONSHIP. SO DV APPLY.
as your wife[ legal-illegal- in relations ] she has right to stay in shared house/ home .
2)alternative accommodation if agreed upon-- ok , but all Women, knows, LL AGR is temp , so they do not accept in case of DV case
Rajendra K Goyal
(Expert) 12 May 2014
If no stay from court, you may sell your house.
You have offered rent for her accommodation, court may accept your offer.
Nilu
(Querist) 12 May 2014
Thanks all for your suggestions.i dont want to continue with her anymore because i am sure she will create issues.I am ready to pay rent for her accommodation.In my case do you think court will force me to stay with her.I know that she has right to stay but is it necessary to stay in that particular property.Please advise...
Devajyoti Barman
(Expert) 12 May 2014
No law of the land compels husband to stay with you.
If you can show enough reason not to allow her to stay in the property and ready to bear the rent for alternative accommodation then court may not allow her to stay in the same property.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
She is entitled right to residence in her matrimonial home, you cannot force her to get out of that house nor you can prevent her entry to that house. Follow the advise of your lawyer in this regard.
