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Prashant Kolte (Creative Entrepreneur)     26 November 2009

DV Act-Property Locked?

Sir,I am Prashant,after 12 years of marriage,my wife has filed Domestic voilence petition against me in may 2009.To avoid future arguments with wife, from that day, I left my home & staying in rental place(same city) with my mom-dad..She demanded 3 things in petition...first 2000 rs monthly for my 2 kids(age 11 & 8 yrs).2nd 10000 rs monthly for her expenses..3rd permanent order from court to me that I will not sale my flat(where she is staying now with 2kids) in future...Trial is going on..But court gave intrim order 1st..2000 rs mnthly for kids...2nd order-till the result of this case,I can not sale my flat in which she is staying with my 2kids..3rd-do not remove her from my flat..All other demands of her has been rejected by court.Sir,I did B.E & MBA.Presently I dont have any job or not doing any business bcz for business I dont have funds.Also I took loans from various sources like personal loans,credit cards,car loan,amount from friends & relatives before this case..For paying all loans amount 14 lac Rs & to do business,I wanted to sell my flat(approx cost 20lac Rs) but wife did not agree with me.She need security right now & dont want to support me for selling my flat.She asked me to take money from your father who is capable but I can not do this.This is the main cause for her to file DV petition.I am the single owner of flat not jointly holding with wife.But she demanded to court the order that i will not sell flat in future.She also submitted papers showing various property in the name of my father & mother.But I have no option to sell flat & have cash for paying loans & also for livelihood expenses of me & my family.

                             My query is Can court at the time of final result give me order that I can not sell my flat (in which she is staying with my 2kids) for long life?Is it possible that I will arrange rental accommodation for her,rent will be paid by me & sell the flat?What are the remedy available for me?Bcz I need to sell my flat to pay loans & livelihood expenses.There is no option for me except to make suicide.Can any law of India grant me permission to die?

                             Please advice me in this regard.I would be greatfull to you .Eagerly waiting for your opinion.

 



 5 Replies

Hardik Mehta (Family Counsellor)     26 November 2009

Prashant,

These are the interim orders and not the final order. Generally, in the final order the property is returned to the owner. This is really good that the order does not have any side effects of the nature and will be decided by the merits. If you want then offer the rented accomodation, but I doubt if the court will accept the request. This is because the kids are habitual of that place and the court may not want to move them out of the house. You wife is right in one way for the security of herself and the kids? Where will they go after selling the home?

Why are you not doing the job since you are very qualified? For your combination the job is easily available. IT companies want the Business Analyst for which you are the perfect match.

Dont talk about this bullsh*t of sucide or the permission to die. You are already dead, since you are not facing the truth or fighting for your survival. I may sound harsh, but no job and loans ... dont think how are you living your life? Forget the loans of relatives & friends at present, but why this personal loans, credit card loans and car loan? Why so much? How do you sleep? I think that you should ask the money from your father and repay the loans. Then repay the loans to your father. Do not indulge in any other activity and give the finances in your wifes hand, if you are handling previously. If she is handling, then take the finances from her hand.

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Adv. T.K Sujith (lawyer)     26 November 2009

 As per DV Act, women can claim residence order. She can also seek injunction against alienating the property in which she has any right. U may contest your case, prove she has no right or ownership over the flat, and submit the court that u r ready to provide alternate accommodation. As per D.V Act, a husband is bound to provide sufficient accommodation to his wife.

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Adv. T.K Sujith (lawyer)     26 November 2009

 I am also agreeing with mehta sir, u may review all things and u can correct...

Prashant Kolte (Creative Entrepreneur)     27 November 2009

Thanks Hardik sir & sujith sir.I also wants settlement with my wife for my kids future.Bcz its my duty.But after taking money from my father for paying loans & do the business,she does not want to live with my parents.I am only son of them.How can they live remaining life alone at native place.It is my duty to take care of them.She wants me,my flat & monthly expenses 12000/Rs(excluding rent) in her hand.Besides that I should manage expenses for kids fees,hotelling,vacation tour,clothes etc whether I am earning or not.U know,in business there r ups n downs.She do not want to adjust in my bad period and she will never bcz she knows,my father having properties,they will give.Thats why she opted out for flat order.How can i ask my parents that u give money & go to native place..After court result,I obviously maintain wife & 2 kids whether court give negative result.Bcz i love them very much but wife do not understand my problem.I am ready to give her maintainance & rent.Also I want to stay with her but I need to sell flat.I think I should solve my financial crisis on my own property rather than fathers properties.This is the main cause for my wife.I told her that my parents will give their property later on,why r u worrying?But she never understood this fact..I would like to ask you sir that HAVE U HEARD ANY JUDGEMENT restraining the respondent to sell his property even if it is for future life of family to generate income.Also last Q:me & my wife r jobless now.In such scenario,HOW MUCH MAINTAINANCE Court will give in final order for me.?

Please give me your expert opinion.Waiting for reply.

 

Hardik Mehta (Family Counsellor)     27 November 2009

If you want the settlement with your wife, then ask for the meditation in the DV case. You will be send to the meditatiton cell where the problems will be listened and then the action would be suggested. If you are in the bad phase, then you should also ask your wife to look for some job till the things settle and you are back to the track. I have not heard about the judgement for the injuction, but it also depends on case to case basis.

If you be true and say that she is not willing to adjust in my bad phase, then how come she will adjust in future. Moreover, your parents property in native are protected under Senior Citizens Act 2007, so asking them will invoke another legal war with Senior Citizens.

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