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mohan -fighter (Head)     11 August 2013

Greedy wife !!!

Hi ....experts.....

Just a small query !!!

I have 2 properties in my name.. (self acquired). In one house we are staying (me and wife), and the other one is vacant since years..

We have been in the course of mutual divorce but just the high demands are not letting thiings materialised..... NOW, she threatening me to put stay order on both my properties so that i cannot sell it........  CAN SHE REALLY DO IT ?????????? I

I understand thr can be chance that stay order can be done on the matrimonial house (the current house where we live) BUT CAN SHE ALSO GET STAY ORDER ON OTHER PROPERTY ??? the said property is in feehold and in my name.

Plz advice...  CAN SHE ??

 

thanks...

 

 

 

 



Learning

 8 Replies

Tajobsindia (Senior Partner )     12 August 2013

1.    No she cannot. Stay for what?

2.    Currently there is no such Law to part share in self acquired property(s) of a husband in favour of a wife. She has misread current news item in some kitty party.

3.    Meows necessarily donot translate into a bite (blame it on the weather ;)), but, yes right-to-residence she may always lay claim to matrimonial home (where you both are currently staying) but then there are remedies to such events too. You have not come across to that step. If want to know then daily read past 50 post discussions in various family law forums.

4.    Better finish off matrimonial disharmony with reasoned talks and talks before either’s cause title reach floor of a Court.

1 Like

mohan -fighter (Head)     12 August 2013

Thanks Tajobsindia...

Gud to read ur reviews and now feel relieved.  i have been trying to settle this mutually but every time, i agree to their demands.....they increase the same and then.....again start the process...  As i have already wasted a year now, i plan to move to court... and before that wanted to dispose the property.. but then she said..she will take stay orders etc etc...

Plz help if u can on the following too :

As i wud move to court, she wud surely file a 498A / DV compalints against me.... and maybe involve my famiy too.....

- For dowry, i have enough proofs to show that she earning and already has much savings with herself...etc etc...

- For DV, how can i prove this ?? No one has camera's / cctv's installed in his home.... and wid last 8-9 yrs of marraige, how do i prove that i am inncocent ???  any ideas / suggestions / advices ?????/

 

thanks and regds...

 

vinny

 

 

 

 

 

 

 

 

 

 

 

Tajobsindia (Senior Partner )     12 August 2013

1.    For dowry allegations countering your so called thought line will never work.

2.    Proof of innocence is collected first before moving to Court in given brief such as yours.

That is why I said (previously); make a habit to daily read last 50 discussions in various Family Law postings. Make notes of similar as well as new questions answered, collect evidences, find via reference seasoned Lawyer, chamber discuss the brew and then move to Court and not before that. Patience is key to family law; the spouse who has patience always gets least damaged remedy (outcome) otherwise whole of the family law is like a watermelon, either a knife (wife) falls on it for no reason or rhyme or watermelon falls on the knife (gender biased law) either way it is always the watermelon which is going to take the hurt (damage). Choice here is to come out with least hurt (damage).

You three questions and many more to come in days has – shall have been already discussed at length here. Bad luck if you cannot find them in hinted forum. Good luck if you understood those discussions and then see parallel in your situation and then act accordingly.

Mantra; Self help is always soul soothing at the end for THAT LAUGH with second wife or in your old age.


You/your = generic

[Last reply]

1 Like

fighting back (exec)     12 August 2013

 

@tajobsindia........great to see you back in the forum sir... missing you a lot....welcome back.....

stanley (Freedom)     12 August 2013

@ author 

1. As the property is in your name you are at liberty to dispose of the same or gift it to your parents :-) and than take up a rented place where she can live happily with you for a few days and than you move out from the rented place and continue paying the rents . 

2. When she files DV and seeks right to residence than youare fullfilling her  wish u/s 19 of Dv act right to residence as per the rented accomodation .

3.it seems you are desperate for MCd and want to remarry hence her demands are rising looking at your properties since she does not have a stake in them as per law as of date hence is trying to get the same through MCD . 

Now days false DV/498 A  cases are call of the day .trying visiting a court and interacting with a few youngsters you will come across the trends of the era for women just as we had bell bottoms which has gone old fashioned and now narrow bottoms has come in to fashon so has abla Nari changed 

Hence Choice is your's how to go about it :D


(Guest)

If you have no proof to show that you are an innocent --------------------then other side , what proof that you are a culprit?

 

Think in such way , you will get through it.....

 

 

Ranee....... (NA)     12 August 2013

She can get stay order Under DV Act.Read experts view in this query.

https://www.lawyersclubindia.com/experts/Dv-case-after-one-year-320706.asp

Tajob has misread your query and replied to your thread with a rainbow glass.

@Vinny

Study other queries on DV Act here!

shriks........... (healyhcare)     12 August 2013

-stanleys reply is almost a perfect solution......best stratergy to save / dispose property
-TAjobs suggestions are always landmark.....
go thru a feew posts of Tajobs / stanley / helping hand.......you wont have any question to ask.........
everything is over here.......just light the torch and enter the cave of law..........


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