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Sushant Singh (Private Service)     11 October 2009

Can my wife claim Residence Rights in my leased flat

Gents, I am aware that the wife can claim residence rights in the property registered in her husbands name.

Which of the following statements is right ?

She can claim residence rights of a part of the last accommodation she lived in with you. In my case my parental residence since I was residing with my parents.


Can she claim residence rights in a property registered in my name which was on lease / or is in lease agreement with 3 rd party ?

It is important to mention that petitioner (me) has filed for RCR. Then will the court restrain me from renting out my apartment ? (Self acquired property)


 9 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005     12 October 2009

First she has right of house but not the same house, you can provide her any rented accomodation also.

Further court will not restrain you to letout your property, if you provide her any other accomodation.


Sushant Singh (Private Service)     12 October 2009

Kamal Sir, mujhe yeh dar hai ki, woh log zabardasti rented premises ko occupy karenge. Even when I am ready to keep my wife and maintain her, she is still insisting on seperating me from my aged parents. Her contention is that, eeven courts & mediators will ask or force me to live seperately with wife and leave parents. Is she justified in this demand ?


Sushant Singh (Private Service)     12 October 2009

Also, Sir agr mein uske interim Maintainance ke jawab mein meri salary statement produce karta hu. Then what will be the quatum of maintainance. She is well qualifies with triple post graduation (however I have to obtain proofs & also current work status). I am more than willing to maintain the child, but dont wnat to give a penny to the greedy wife, especially the father.

Sushant Singh (Private Service)     12 October 2009

Can I file RCR in my hometown (the last known place of co-habitation), that is Pune. Or do I have to file RCR in Bhopal ? her hometown. Do you have any references of lawyer friends in Bhopal ? to guide me personnaly ?


Adv ramesh chheda (prop)     17 October 2009

alex with the introduction of domestic violence act, wife can claim her right in any kind of house of her husband provided that house is of husband whether rented or otherwise but not of his parents even if their own property.

if it is rented premises then she cannot be thrown out even if husband fails to make payment of rent in such a case she can ask for protection order asking court to give direction to husband to make regular payment of rent

so u r situation is very fishy consider the serious effect of this dv act

if any help needed please feel free to write me on my email

adv ramesh chheda - mumbai - 9870112826

K. Rajendra Prakash (Advocate)     22 November 2009

Yes, what Ramesh Chheda stated is correct.

Hardik Mehta (Family Counsellor)     24 November 2009


Has she filed for interim maintenance? In either case, then the residence is out of question until she files DV case and asks for the residence orders? In this case she will not ask for the same. Also, she can ask the residence orders to stay with you in the house which you are currently staying as this becomes the matrimonial home for her at present. If you shift to other place and start staying there, then that is the matrimonial house. She cannot claim the residence for the house which is rented before the filing of the case. In that case, you need to provide the alternative accomodation or ask the government to put it in shelter home where you will pay the rent.

You need to file the RCR where you have stayed last as husband and wife. In this case it will be Pune. But she can transfer the same petition to Bhopal. If she files the Interim Maintenance for RCR, then she has to first prove the reasonable cause of staying separately and also the unability to maintain herself.

K. Rajendra Prakash (Advocate)     24 November 2009

Mr. Mehta has given a detailed answer.

Sushant Singh (Private Service)     29 December 2009

Any good Lawyer contacts in Bhopal where I can file RCR and Child visitation cases ?

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