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MS (CEO)     28 April 2012

Right to residence



Kindly shed some light. The house that we live is in my mother's name. She has filed a case in civil court against me and my wife to expel us. I and my wife are al;so contesting a divorce case in family court. She has even filed DV against me and my mother, howeverthe summons of DV have been served to me but not my mother.

In the civil court, being respondent no.2, my wife has challenged my mother's plea and is contesting the case. She filed an application stating that the house under question does nt come under this court's jurisdiction. 

The judge ordered mediation which was refused by my mother. My mother has multiple health issues like high blood pressure, diabetes, arthritis, thyroid. My wife constantly abuses and harasses everyone at home.

I have been advised to move out of the house and take a rented accomodation for the sake of my mother's health. Is it possible that if i move out and state in the civil court, that i have moved out, then my wife will be asked to come and stay with me , to let evryone live in peace?? I am willing to move out , but what steps can be taken to ensure that my wife laeves that house too??

if i shift out, will it imply that her matrimonial house has changed??

Or can she fight for right to residence under the false DV she has filed in family court only to harass us and not leave the aforesaid property??

Kindly advise. 

my query and worry is about her claim for right to residence and not right to property. 

Kindly explain the legal procedure. How will she be informed that i have moved out and my mother's house is no longer her matrimonial home? What is the court procedure? In how many days will she asked to leave the said premises after i leave? I don't want her to harass my parents and family all the more after i move out.


 1 Replies

Anish Thakur 7018812737 (advocate)     29 April 2012

dear ms

first if that house is owned by your mother only and not a ancessotral home then mother can by her will or gift deed can finish your right on that home (that is going to come over you after her death).and automatically your wife right for residence will also get finish.

and if the propert is ancessotral and you have copercenary right over that property then in no way you can ask your wife to move from that house and even no law can dop this.

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