Ravi Kumar (Manager) 01 May 2010

My Wife Threat me and asked share in my house

My wife file a case under cr pc 125 against me and we are living together in same house in seperate rooms there are no any type of relation between us. our marriage time passed 18 years and i dont have any kid.My wife behave was never good with me from the day of marrige she always try to fight with me and used alligation and blams on me. neither she respect to me nor my relatives or my siblings.Now i have also file dv in the court.But question is this that she always threat me that either i give share in my house otherwise she will spoil my life, Some time she break her begals and scraches on her body then after called to the police and blam on me that i beated her she used so unbeable lenguage and abused me witha dirty voice i am ready to pay maintinance to her but her demoand is more which i can not fulfil .Please tell me how can i save myself from her bad bevave i am a social person my all relatives breaks all relations with me due to her behave.So i need yours guidance and advice.

1. Would i have to pay maintinace to her from date of order or date of application? Because now i am not paying money to her due to her behave .

2. Is she have rights to claim share in my house ?

3. Most important how can i save my self because she all time threat me and fight with me while we are living together in same house .How can i save myself from her false blaims .Can lodge a FIR against her behave or file a application in the court against her behave and take a permission for rental residance for her ? She is too bad nature lady and i think she can do anything to spoil my life i am afraid if she do such as act what would i do in that situation .

Please help me and advice

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3 Replies

DEVENDRA KUMAR JAIN (ADVOCATE and NOTARY PUBLIC) 02 May 2010

1. If she has no means you have to pay the maintenance from the date of filing application.

2. She cannot claim any right over your self acquired house.

3. Move the court for divorce OR for judicial seperation.

M.G.RAJESWRI (LAWYER) 09 May 2010

1.if she is a home maker and have no means of income you have to pay maintenance from the date of the application u/s 125 crpc.

2. she cannot claim share in the house if your property is self acquired property from your earnings and the property is also in your name only.

3. You have mentioned that you have filed a divorce petition in the court. Try to expedite it at the earliest. If she is also agreeing for the same you can change that one as dv by mutual consent and can settle the amount of maintenance or even you can pay a lumpsum amount at one stetch.

There are possibility for her to file maintenance petition again in dv case also.

Anil Agrawal (Retired) 24 May 2010

The problem is that we donot want to accept that the institution of marriage has broken down. Ambition rules the roost. More troubles in the offing. More laws in their favour.