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sanjeev pawar (service)     18 July 2012

Flat on name of brother and me, can my wife lay claim after

dear members,

i am about to file a divorce suit, my wife is planning a DV and 498 against me, no cases have so far been registered, but only threats of DV and 498 by her lawyer have been received on letterhead by me. i have a flat jointly owned by my brother and me, the flat is on loan from bank, my brother is paying the EMI, that flat is presently been given on rent to a tenant. if my wife files for a DV and given residentail orders. can my wife lay claim on this property for accomodation, as this is presently rented out by my brother and agreement done on his name, before my wife went away to her mothers place we were staying in a rented accomodation.

can my wife state claim of ownership of this flat which is in my brother and my name, and is on a loan from the bank

can she ask for accomodation here, as i had provided her a rented accomodation, and willing to provide in case DV is slapped on me, but i dont want her to occupy this flat.

can she claim ownership rights

i am presently staying with my parents, can she come there, if yes, can i leave my parents home and go to a third place.

i dont want to take her back, i am ready to pay the maintenence to her, but i dont want to stay with her, can the court force me to stay with her, if she tells in court that i want to stay with my husband, come what may. can i refuse to take her ?  please guide me

thanking you and awaiting your kind reply


 4 Replies

Nandha (NIL)     18 July 2012

@dlf - my case is also similar to you.. even i want to know.. let's wait for ld. lawyers advices

Adv Archana Deshmukh (Practicing Advocate)     18 July 2012

Your wife cannot claim ownership rights over any of your properties during your lifetime.

As the flat is rented to the tenant it is difficult that your wife would get a right of residence in that flat particularly when you are ready to provide her alternative accomodation. You may be directed to pay rent of the alternative accomodation that you may be required to secure for her to stay, if she gets a residence order. As far as the question of forcing you to stay with her is concerned then matrimonial relationship is not of a kind which can be enforced by the courts by a decree. No court can compel one spouse to stay with the other if he/she is unwilling. The courts can enforce maintainance orders.

1 Like

sanjeev pawar (service)     19 July 2012

@adv archanaji...thank you for your kind reply...appreciate your kind help.

sanjeev pawar (service)     19 July 2012

@nandha....adv archanaji has aptly replied to our queries...........

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