cpc

if no dv proof, can she ask for separate residence

No mercy for B

Dear gurus,

My wife does not have any D-Violence proof (it did not happen) but she is trying to show one normal weakness treatment of her as DV proof.?

Can she ask for a residence order/separate residence or can she force me to pay rent? (i dont want any of these to happen)

i am already paying for my kid and she is well earning, but as of now living with her parents. 

she want to come back after 498A. and i had denied to live with her in court.

 

thanks

 
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I d not think she would be entitled..if she is earning and receiving rent allowance from employer there is no question of residential order as the same are meant for homeless wifes who is incapable to maintain and live in decent accomodation on par with her husband

 
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No mercy for B

yes she is earning well and getting HRA from company. well i dont have any proof of her HRA, but if required i can do something about that.

 
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Dear experts are there any SC decisions as to a wife who is a govt emplyee earnining decent salary like 30,000 per month cannot claim Right to residence under D.V Act.

 
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Advocate High Court of A.P.

If she is a government employee, ask her salary slip under RTI Act, 2005 which reflects that she is claiming HRA and as such she cannot claim anything in court from you. If she is a private employee, you shall find some of her colleagues or Human Resources and get her payslip in someway...which reflects that her employer is paying HRA and as such she cannot claim any HRA in the court...

 
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Thank you very much solmon garu.  You mean even if  domestic violence is proved, a govt employee who is having H.R.A component in her salary cannot claim right to residence from her husband. is tha true?

 
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NA

I don't think getting HRA would snatch away a woman's right to reside in matrimonial home.
 
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No mercy for B

DV did not happen.

but i doubt she will ask for residence in matrimonial home, she will definetly ask for a residence at another place where she is working.(diiferent city then matrimonial home)

 

And i dont want to pay any rent forcefully for her residence.

 
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