husband is buisnessman. wife is a govt. teacher. whether she is entitled for shared accomodation or rent under domestic violence act
anuradha goyal (member) 03 November 2011
husband is buisnessman. wife is a govt. teacher. whether she is entitled for shared accomodation or rent under domestic violence act
rajiv_lodha (zz) 03 November 2011
Alok Tholiya (self employed) 04 November 2011
Yes some more details required.
anuradha goyal (member) 04 November 2011
Husband has his own house but this house is on loan and he is paying monthly instalments. During divorce proceedings he shifted out of this house and started staying on rent along with his wife. After the expartee divorce was granted he left that house leaving behind wife and shifted to another rented house.Now wife has challenged this expartee divorce ,simutaneously moving application for residence under DV act. .She is ready to move to the rented house where the husband is staying or he should pay rent where wife is staying
rajiv_lodha (zz) 04 November 2011
Sorry, I cud not understand, u tell that hubby moved to rented house alongwith wife & then took ex-parte divorce?
How come?! Has the divorce happened? What is the use of DV now?!
Adv. Chandrasekhar (Advocate) 05 November 2011
If ex-parte divorce decree is set aside or in appeal stay is granted against the decree, the wife can move for the shared household in DV case. She will get either shared household where husband is living or reimbursement of rent of the premises where she lives, depending upon the facts of the case.
rajiv_lodha (zz) 05 November 2011
Author can make it clear what happened to EX PARTE divorce decree?
V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 06 November 2011
YES, if she do not have any other residential accomodation, and she used to share matrimonial home after her marriage, Ownership of house is immeterail. D V ACT HAVE LOTS OF LACUNA, AND LIKELY TO BE SCRAPED SOON . IT IS TOTAL WOMAN SIDED, , AND I HEARD A CASE IN BORIVALI COURT LAST MONTH , WHERE A UNMARRIED DAUGHTE DEMANDED A FLAT WORTH 2 CR FROM HER OWN FATHER, AT THE INSTGATION OF HER UNCLE WHO WANT TO SELLLE THEIR PROPERTY DISPUTES BETWEEN BROTHERS AND FAMILY, USING HER AS PAWN. THERE WAS ABSOLUTELY NO CRUELTY, NO VIOLENCE, AND JUDGE DISCOURAGED HER.
rajiv_lodha (zz) 08 November 2011
Thats why Tajob has named it BHARAT RATNA ACT. It is detined to break more & more families soon.
It will further clog the alraedy stooped legal system with more & more cases!
It has already become a tool to grab properties; that too quicky!
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