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abhijeet (Executive)     05 March 2015

Right of wife to the matrimonial house

Dear Members,

I have a pending divorce petition in the H'ble Family court. My wife has filed an interim maintenance for an very hefty amount of rent which in no situation can be met by me. Initially she was staying at her fathers place, now she has shifted to her brothers house.

She is earning 50,000 Rs. p.m and has a son. She had left the matrimonial house 1 and half years backmwith all her belongings.

My querry is that what are her rights of stay at the matrimonial house? Since matrimonial house is owned by my father and I dont own any house.

Suppose I cant pay her rent then what are her rights over my fathers house. Can she enter the matrimonial house at this stage? Can I stop her entry? Can court grant her right of stay at my fathers house?


Thank you in advance.

Abhijeet Hirani


 3 Replies

maxx (pvt service)     05 March 2015

you have to place evidence of her earnings in court, which could defeat her claim for maintainence. for asking residential orders she has to file a DV case, after which she has to prove that she was forced out of the matrimonial house, she cannot barge into the house owned by your father, she can barge into properties owned by you. you can be ordered to pay a reasonable rent by the court taking into consideration your income and liabilites. she can ask you forthe moon, that does not mean she will get should be properly argued in court coupled with evidence in hand. 

saravanan s (legal advisor)     11 March 2015

if you feel that the maintenance is excessive you can file a modification petition in the court to change it

swati (hhhhhh)     21 March 2015

Hi Abhijeet,


You know what it is something not in our hands..... it seems some of the judges pass order as per their whims and fancies. 


I just got my interim residence order yesterday. I was asking for a ancestral flat to stay which was gifted by my father-in-law and husband to my brother-in-law. There are 2 high court judgments which say that even in such case the property was given to the wife under DV residence order. 


Even though there is a Supreme Court judgement (Batra) as per which wife cannot ask for in-laws self-acquired flat. My judge instead of giving me this ancestral flat he gave me 2 rooms in my FIL's  2BHK 700 sqft flat. I think this is the most ridiculous and impractical judgment even if we take common sense into consideration. 




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