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Please Help Me (ITA)     21 October 2013

Can wife get order to live at my parents house

Hi, wife filed false 498a and DV cases on me and my enitre family including 4 relatives. Earlier i was working from my home but after the cases i start going to bombay for my office.

Wife is working in delhi in govt and earning around 70k per month. My salary is around 55 k. I am asking her to join me in bombay(thinking she never come) which she has denied. But now she is saying she can go and live at my parents house and she need hissa in my father proprty.

Pls, guide me, how much her chances she can go in that house legally. and since she is earning very good per month .. can she claim hissa in my father house.

We have video evidenece like she is threating us " i will beat you if you enter my room"  .. she will go there only to harras my family.

Pls suggest how much probability she can go there legally and what i can do to avoid this .. pls help me


 11 Replies

Raja_498a Victim (Manager)     21 October 2013

If she gets 70K, you need to proove that on paper. Court believes only paper evidence or you can file Crpc 91 to get employer evidence that she is working and getting 70K.


If above conditions met, no maintenance to her. If she get HRA, residence orders will be declined. However burden lies on u to proove.

If you have Kids, liability on you to maintain kids.

1 Like

NRI Legal Consulting (Consultant)     21 October 2013

yes I am also agree with Raja_498a Victim.For more detail contact us

Samir N (General Queries) (Business)     21 October 2013

The answers to most of you questions, if not all of your questions, based upon the limited information given, appears to be in your favour. I am not an advocate.

She can neither get residence rights in your parent's property nor hissa in ownership of your parents' flat or even your flat. 100%. Or so I think... just a disclaimer to be safe. Maintenance is a whole different ball game. I suggest you fight all the false cases and send her a RCR and buy time until two years pass by and the false claims are ruled in your favor. Then you will have ample ammunition to get divorce and she will have to kiss good bye to maintenance.

Do a lot of reading to fight your case otherwise you will lose a lot if you depend on your advocate. Thats the reality.

1 Like

Please Help Me (ITA)     22 October 2013

thanks Raja/Samir/NRI Legal for ur reply ..

Raja: she is working in PSU Engineers India Limited in Delhi. Even she can not decline that she is not earning that much .. and since she is govt employee she is getting HRA for sure.One more important thing .. she will get promoted very soon and her salary may go close to 80k to 1 lakh per month. My only fear is if she can go to my parents house. She will try to do this to harras my family or she knows my father house is worth of crores..

Samir: My work location is in Pune, so I have filed RCR 2 months back to join me in Pune. She has denied this saying she is working in Delhi. Also, my father has published advertise in news paper before FIR that he has desowned me nd my wifi.

Her all allgetaions are false .. and i have video proof she is threating us " tod dungi agar mere aas paas koi aaya to" .. also i have cctv footage she is taking her items from the room along with her mother and father .. when she was leaving my father house last time. Also have other audio/video to prove her cruelity ..

My only fear is if she can get right to residene in my father house . as she will go there to harras her . now in my father house these all people are living  : father.month, elder bro, bhabhi, 6 year old bhatiji ,,9 month bhatija ..  ......all these innocent are in FIR .. and their life will be in danger if she goes there ..

pls help

Raja_498a Victim (Manager)     22 October 2013

You assumption is incorrect. Since there are 498a and DV cases in court, she cannot just like that get orders and come to ur father's place.

Law says that "trespassers will be prosecuted", in case court doesn't order any residential to your wife.

So don't worry.


Remember one thing 498a and DV cases Success rate is as low as 2% for wifes. It is very difficlut to proove beyond reasonable doubt.

Most of the cases ends in compromise like lumpsum amounts to wifes and MCD. If not once u get acquittal in 498a , you can file divorce and gets on merits.

But this takes 3 to 4 Yrs.

Until there are injuries and Hospital reports it is difficult to proove DVC also...

So don't worry and she cannot have direct claim on your property.

Once criminal cases like 498a is filed it is end of married life.

So prepare to fight for 3 to 4 Yrs..

Let me know if you need any other inputs.


Please Help Me (ITA)     22 October 2013

thanks again Raja

i am worried because my mediation has failed .. and she is again and again talking abt my father house in delhi .. as every one is saying .. never say in court that i can not keep my wife .. i am saying i am ready to keep her if she join me at my work location in pune .. she is working in delhi and has denied to come pune .. so she has started saying she needs house to stay .. and she can live with me if either i purchase a new 2 bhk flat on her name or she is ready to live at my father house .. i have said .. its not my decision to say if she can live at my father house or not .. and also if she is ready to take back her all false cases than situation is different and we all may think to live together . .. this is another defensive strock from my side to ccounter her attack .. i have said . how a girl will live happily with those against whom she has filled complain in many police station and have files 498a .. its not just living under a roof .. i dont know how much i am correct but i am fighting like commando .. only time i feel worry is thinking if she has any legal right to go at my father house and give them slow poison by torturing and harrasing

Raja_498a Victim (Manager)     22 October 2013

That will not happen. She is getting HRA, your lawyer needs to say that she herself filed 498a and left home so ask Judge to decline residential thing to her by showing her income as 70K and HRA.

That works. Take a good lawyer who is expert in these matters in your area.

Once DV gets dismissed, all other complications come to an end.

If there are no injuries reported in DV there are high success chances for you.

1) She filed 498a - Means she left home and filed in police station. It is not you who asked her to leave home.

2) She is getting 70K as montly income - Enough to maintain

3) She is getting HRA. - Why she needs residential in ur Father's home.

So there will not be maintenance and residential order to her. It all depends on how your lawyer argues in the court.

Make sure you do your homework with your lawyer.


Please Help Me (ITA)     22 October 2013

also . the video proof where she is saying " tod dungi agar mere paas koi aaya to"  also i have video she is showing "thappad" to me before 1-2 days calling police in my home ..  does these proof help me to win a DV case ?

Raja_498a Victim (Manager)     22 October 2013

Put all proofs before Judge and ask ur lawyer to argue that she often go wild and rude.

To defend that show ur video. But this takes atleast 1 to 2 yrs to come to conclusion and pass the order..

So don't worry much on this. If merits on urside u will win anyway.


@ NRI legal consulting you guys give consulting of how to do mimicary or what ???

or how to do copy paste of ones answer????

I never seen you giving your own answer you just come next to one or two post later and whatever above has replied you just copy paste his/her answer and again write For more detail query us

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Please Help Me (ITA)     18 November 2013

recent judjment in delhi court which clears my question :)

thank you everyone who replied my post here

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