My wife has filed RCR and sec 125 in bhopal,
i have filed divorce in pune
i fear that wife will now file DV for residence, she has left my rented house 1 year ago and since then RCR and divorce case is going on.
I expect DV for residence to be filed by her:
I want to know:
what is the place where she can file DV, the place where she last resided (PUNE)or where she now resides(BHOPAL)
I second Rahul here
A) where she permanently or temporarily resides or where she is employed.
B) where you are residing or employed.
C)where the cause of action arises.
what is the time limit to file a DV residential case?
No time limit. But cannot file a DV case after the couple get divorce.
Is is possible that when RCR is already filed by wife, DV case will also be strong enough, as she has accused me of leaving her company and staying with my parents, she has asked me to stay with her in her petition,but she has nowhere mentioned that i should leave my parents or i should only stay with her, she has said that i she is ready to live with us all, however she is staying with her parents since the last one year.
She file RCR that you go cohabit with her. But trust me bro, no court can force you to go and cohabit with her. When you had made a seperate accomodation for her and you, why did she leave that apartment and go to her parents? That itself shows that she has been tutored by her parents and that she does not want to live with you. First she has filed RCR, now she will file DV so that she will get right to residence, as DV is the only act where ex-parte orders can be passed without hearing your side of the story. Now she will tell she wants to live with you and your parents, but what is domestic violence what it living together? Both RCR and DV does not make sense at all.
how can i escape the dV residential threat:
Move out of your parents place. If they see that you are living with your parents, court will tell your wife go live there with his parents and you. Take a place in your friends room, where they cannot force you to take your wife to stay with you. This is the only way out for you.
i am rightnow residing with my parents in their own property
Move out immediately if you dont want to harras your aged parents
i lived with my wife for 3 months in a flat which is bought on loan by my brother and myself the emi is being paid by my brother, right now this flat is rented out to a tenant
we lastly stayed at a rented place before she left that place'
Keep all old documents like rent agreement, electricity bill, gas bill etc with you. That's the only proof that you had made a seperate accomodation for you both to live which she rejected and went back to her parents house. This is the only point which will help you get over the DV case if she ever files it, stating that, when you already had given her a house to stay, she left the house only to join her parents and now she cannot ask for additional relief!
ideally, where can she ask for the residential rights?
my parents place, / my brother and my joint ownership property (rented out)
last rented accomodation
Wherever you are, all those places she can ask for accomodation, except your friends room where three or four are staying together she cannot ask an accomodation there!
Come on man, a wife cannot ask for accomodation where her husband is not staying for Christ's sake!