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Kanan (IT)     13 March 2015

Dvc

Sir, Need some kind advice. 

I,m already paying interim maintenance to the tune of 7000 monthly. Now my ex filed DVC asking for more relief and residental order in th ehouse where I stay.

House is in the name of my mother. We are four brothers all staying in the same house. Please kindly advise if residental order can be granted in these circumstances.

Please also kindly advise what precautions I need to take so that I do not put my family into more troubles.

 

Your Kind reply is awaited.

 

Thx Arvind.



 8 Replies


(Guest)

Ye, u/s 19, and 23 of the said act, exparte residential orders can be passed.  but if you dont want wife to join you there, you need to be elsewhere.  The said house should be self earned property of your mom then she cannot enter that house provided you are not found in that address, if it is ancestral property, even if you are not there in that house, the wife can put tent and stay there in that house according to law, and in such case you cannot do anything.

what I suggest is, you need to be elsewhere and give that address to court stating that you are not staying in your moms house, so as to avoid legal complications to your mom.  For any other legal advice on DV you may contact me through PM or phone.

1 Like

saravanan s (legal advisor)     13 March 2015

if the house is not in your name nor if its not a ancestral property where you have a share in it your wife cant claim residential order.your mother can oppose both your presence in the house as she is the legal owner of the house.in that case you need to find a rented accomadation for her and you need to bear the rent

1 Like

Kanan (IT)     13 March 2015

Thanks Sir, To clarify , the house where I'm staying is the self earned property of my father. He has left no will, so automatically my mother is the legal heir.. am I right Sir... In these situations will she get the right to stay in my house.Please kindly respond. Thanks Sir.

saravanan s (legal advisor)     13 March 2015

if he had died intestate then along with your mother, his mother and also his daughter and sons all become legal heirs.in that case you also have a share in the property.thereby your wife will be enttiled to claim shared household.if you want to overcome this situation relinguish your rights over the property in favour of your mother through a registered relinguishment deed.anyhow consult a good lawyer about this and act accordingly

1 Like

Adv k . mahesh (advocate)     13 March 2015

the process would be lengthy and also in mean time she may take residential rights in the property where you are staying so first give any one of your friends or take a rented house and stay and submit your change of address as once she gets get order you have to roam through the courts to change that order 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 March 2015

Dear Arvind

You should leave the house and start residing at any other place, it will be better for you and your family.

apart from this you mother may file a civil suit for injunction before civil against you and your wife to restrain both of you to enter in her House.


Batra & batra Judgment is in your mother favour and the court will not grant any residential order in favour of your wife.

Kanan (IT)     13 March 2015

Thanks a million Sir's for all your advises.. I shall follow suit. May God bless you all.

Sudhir Kumar (Retd Govt Officer)     21 June 2015

how many threads you have opened on similar heading.  pleae give link of these threads.


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