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(Guest)

498a ,dv help

Wife had filed 498a 2 months back ..chargesheet not submitted by police ..now 15 days back she has filed dv case asking for residence order ..i don't want to take her in my house  in any circumstances as I fear she can file another false case ..she has said that she does not want any rent as a compensation ,wants her right to residence in shared household ..can I deny to take her back and say that I will pay the rent ..will court consider this ?



Learning

 4 Replies

ashoksrivastava (scientist)     04 September 2013

Vijay you cannot deny her residence in shared household and offer rent in lieu.Laws are too skewed in her favour.

Regards ASHOK

shriks........... (healyhcare)     05 September 2013

You can argue as she filed

shriks........... (healyhcare)     05 September 2013

You can argue as she filed 498 and relationship turned sour..... Her injunction in residence would aggrevate the matrimonial bond so let her stay in a rented accommodation or take rent in lieu of residence till disposal of dv... Else the fights would intensify so a cooloing period would be beneficial and also seperate accommodation...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 September 2013

Dear Vijay

Wife has a right to live in matrimonial house & you can not curtail her rights. but if the property owner is other then you then she can not claim right to residence in matrimonial home.


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