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pls advise on residential orders in dv case

pvt service

friends, pls advise on residential orders in DV case,

i am staying with my parents, my DV case is running, wife has asked for rent, but if the magistrate orders residential orders, then if i move out of my parents house and take a rented accomodation. and if she is dropped by police to my rented accomodation.. can i move out of that house after that?

the thought is that, i will keep paying rent for that house, let her stay there, but i dont want to stay with her at any cost......so all in all her residential demand will get fulfillled. but as soon as  she comes to that house i wlll move out.....

so in such a situation. after moving out when she is housed in that rental place, do i immediately need to inform the court, that she has now moved in the house rented by me, i am paying for the rent, and i dont wish to stay under the same roof with her....will the court force me to stay under the same roof with her, inspite of me ready to pay the rent for her, but i dont want to continue with her under the same roof, i have already filed for divorce..thanks

 
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Lawyer at Supreme Court of India

Dear, No court will not force you, paying rent or a rented accommodation is sufficient..... Tell court that she is not lease than a danger and I don't want to live with her anymore..... Kapil chandna adv, 9899011450

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pvt service

@kapil.....thank you very much for your advise sir..........since she is staying with her mother..can i just pay her the rental amount. or do i have to arrange the accomodation at my city?

 
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advocate

court will order you to provide the residential accommodation to your wife and after you providing her the house or if your wife is staying in a particular house you have to provide her rent and in next hearing you have to inform the court that you have complied the order 

 
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Bangalore

Originally posted by : maxx

friends, pls advise on residential orders in DV case,

i am staying with my parents, my DV case is running, wife has asked for rent, but if the magistrate orders residential orders, then if i move out of my parents house and take a rented accomodation. and if she is dropped by police to my rented accomodation.. can i move out of that house after that?

the thought is that, i will keep paying rent for that house, let her stay there, but i dont want to stay with her at any cost......so all in all her residential demand will get fulfillled. but as soon as  she comes to that house i wlll move out.....

so in such a situation. after moving out when she is housed in that rental place, do i immediately need to inform the court, that she has now moved in the house rented by me, i am paying for the rent, and i dont wish to stay under the same roof with her....will the court force me to stay under the same roof with her, inspite of me ready to pay the rent for her, but i dont want to continue with her under the same roof, i have already filed for divorce..thanks

What you are thinking, you can do.  But it defeats the purpose of being married.  One marries to be together, not to do play cat and mouse game.  


Do like this.  Shift to a friends room, dont let anyone know where you are staying at all, go for appeal and stay underground till appeal gets disposed off, and DV case dismissed.  or you may do as what above to Ld members have suggested. 

But under DV magistrate has powers to direct police to leave your wife at the address where you are staying.  That is a major drawback of DV case for men.  So take preventative steps as I have suggested.

 
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Maxx,

You can mention in the court that you are afraid to stay with her for (reasons a, b, c ....)

Good luck.

 
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