New house construction while 498a and othercases are pending

Please someone enlighten me on this topic

After construction of your house she may ask for residence order in the same.

If you don't care about maintenance money then other cases has nothing to do with house construction is my view.

Thank you. Definitely I am not goanna live in the new house as this place is very far from my work place. Only my mother will stay there. As per your answer she cannot claim share on the new house right? Do you think it will increase any interim/final maintenance amount? If I am not going to live there she cannot claim residence order right?

May be.Because at the time of fixing maintenance amount all your assets will be taken into account.

There are two possibilities.  Even though you do not live there, she being your wife can claim residential rights (shared household) in the property where you have titles.  On the other hand, in the construction of house, she may allege that dowry amount has been spent.  So, if you propose to consturct house, see that how you can show that your money flowed into the construction.  If you do not own a house, even then, till divorce, your wife under DV Act can ask for residential rights and if you do not have a house, you have to provide alternative accommodation on rent.  If you have your own house and in the court if you offer for rented house to her saying that in your house your mother is statying, in my opinion, the court will not accede your request. 

Thanks for your replies. Other than residential rights, she cannot claims anything in the house right?

I am just making sure this part.

 For the new house I am taking home loan for 80 % of the total cost and contributing remaining 20 % by selling two of my own properties. So I can counter if my wife argues her dowry amount has been spent on this new house.

As on today except residential rights she cannot claim any more right in the property.  But IRBM is in limbo, I cannot say about future.

Its Not a wise decision when marital litigation is on the court floor and you are thinking of investments which surely would show your earnings and efficiency through which other party could easily grab this opportunity for further extortions with the help of women freindly law.......

If you are ready to invest on house then it's better to make your mom as sole owner of the constructed house with it's title.

Your wife may easily show the assets and properties to court if that house or any immovable property is on your name and court will definitely grant RTR along with increased maintenance on the assumptions of such properties.

Thanks and Regards,

 

(ESIS)