Nishant (Doctor) 22 June 2012

Peculiar situation

My wife against whom I have filed for divorce has forced herself into the house after her request to transfer the case to her native place was rejected by the high court. Following this she filed for a domestic violence case against me and my family with the object of blackmailing us into withdrawing the divorce petition. In her prayer to the court she has asked for a right to residence and maintainence. The house belongs to my parents so I believe the judge in the lower court may not allow her the residential right (I have cited the SR batra vs Taruna batra judgement of sc)

Meanwhile I am living in a rented accommodation elsewhere in the city while I do have a residential property in my name in the same city which I have given on lease to a family.

as far as maintainence claim by her she is a postgraduate doctor earning well .

I would like to invite comments about my case that can give me some direction as to what could be the position taken by court and kindly guide me how can I proceed.

Regards

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 22 June 2012

Dear Nishant,

1. As regards right to live in mother in law's house - the situation is completely covered by S.R.Batra v. Taruna Batra.

2. She can lay claim to your house.

3. Her claim for maintenance would be bleak.

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Nishant (Doctor) 23 June 2012

My wife is at present staying put in my parents house where she continues to irritate and intimidate my family with her tantrums . We are scared that by her presence there she is in a position to manufacture evidence to get my family into trouble.

1) if the judge denies her the right to residence in the inlaws house while hearing the domestic violence case ..then how do my parents rid themselves of her ? Shutting the doors might be an option we do not want to exercise. Forceful eviction by us or shutting the door on her is a difficult proposition for us ...since she is manipulative enought to garner sympathy by doing this and she also very often threatens to go to the media .....and we have a reputation to preserve ...which this blackmailer exploits. Should they file a separate petition for her eviction .....under what laws ......and when should it be done.

2) in the scenario where the judge asks her to claim the right to residence from husband .........

A) the property which belongs to me has been given on a 2 year registered lease to a family and I want them to stay since the rent I get helps me to pay the EMI. Can the judge ask for a relook or overturn the lease.

B) the residence where I stay as of now is at the other end in the same city ....belongs to my father and is also occasional used by other family members and we don't want her here . This is my address I have given in the domestic violence case . Would it be prudent for me to change address now ?

C) I am willing to arrange a comfortable rented accommodation for her at a location that she prefers and pay for the same .

Thanks and regards