Harrassed _by _498a (Executive) 29 December 2014

Shared household in dv

Dear Experts, We need a small help from you, please revert on below, I am summarizing the Situation for easy understanding and revert :-

1. A 3 BHK house in a metro City occupied by 3 Brothers and Mother before marriage. Now elder brother has married to a girl in the last month of the Year 1

2. Girl has been resided in the house almost approx Six months, and Now from 1.5 years she is leaving with Her mother or parental home.

3.House in which we all are staying having 3 bedrooms and one Hall, all brothers have a seprate room and one room is also made out from hall where my old mother used to stay. The said property is in the Name of My mother's Mother i:e my Nani Ji (Nani has expired a long back).

4. She the Girl had claimed right of residence in her DV application or else pay a rent for same house like sharehold one : Question 1 why she alone required a 3 BHK house ? Question 2 Is court considered only 1 Room house is Sufficient for Both of them as they are using only one room in that house.

5 As i had not take the said property on rent nor i have any legal right, as i can not claim my Mom's side property.

6 I had already take one room on rent near the city but lies in different state of course that room not in the area simiiar to 3 BHK house one. but yaa it is comparable to her parental home. is court ask me to take a property on rent only in the same area ? and my wife is not ready to live in that room. she only want to live in 3 BHK house or money or same accomodation in that area ?

7. is the one room house on rent will help me, in DV case. and yes i had take n the 1 one house in other city because i am workig in that city.and my mom house is far from my office.

What can my wife do to take legal entry in my Mom's. In this case propery is on my Nani Name's can my mom file Civil Injuction ?

Please revert It will be helpful for me.

Regards

Harrassed by 498a

Reply Follow

2 Replies

(Guest)

First that husband instead of creating problems for age old mother needs to make separate accommodation for himself and his headache [wife] and shift himself there, and send a notice to wife to join him in that address from that address. Such notice should be sent to wife from a lawyer, through RPAD, and also be filed in reply to the DV case in magistrate court where she has filed DV case.

In your case, the said property is ancestral property, and wife can gain legal entry to that permises u/s 19 and 23 of DV act 2005.

Filing injunction will be of no use. It will be of use only if said property is self earned property of your parents.

Harrassed _by _498a (Executive) 29 December 2014

Thank you for reply, and Residence order will generally come in 1 or 2 years if came as a interim relief as well. what if second brother got married in between and live in that 3 BHK house, as i have heard all people of that house needs to vacate the house if my wife is living there. except my mother all people have to leave sharehousehold or only one room should be given ? and others can live ?