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rahunjain   21 January 2015

Wife claim of residence on property of parents-in-law

If the husband is living abroad and wife lives with her parents and husbands parents owns a house which is not ancestral property and parents are the sole owner.

 

In this situation can wife claim residence on this property claiming to be matrimonial home even if the husband is not living there anymore for years ?

When the husband is not living there and even the wife's parents have their own property and also she is working then on what basis she can claim her residence on In laws property ? Is it not simple Harrasment by wife and is this legally possible ?



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 10 Replies


(Guest)
Originally posted by : rahunjain

If the husband is living abroad and wife lives with her parents and husbands parents owns a house which is not ancestral property and parents are the sole owner.

 

In this situation can wife claim residence on this property claiming to be matrimonial home even if the husband is not living there anymore for years ?

When the husband is not living there and even the wife's parents have their own property and also she is working then on what basis she can claim her residence on In laws property ? Is it not simple Harrasment by wife and is this legally possible ?

Your wife can claim residence inspite of the above explained facts u/s 23 of PWDVA 2005.  By doing so, she as well as the magistrate who passes such orders will be at huge risk with the former risking her life, and the latter risking his or her job as a magistrate.


In such case that you expect the above to happen, you may send a notice to your wife to join you at some other place so that to  spare age old parents from harassment from your wife or let know to the court about you not staying with your parents or can also pay rent to her so as to avoid her getting residential orders by the magistrate.

rahunjain   21 January 2015

Helping Hand you mean that the wife can claim residence but i did not understand what you mean by she as well as the magistrate who passes such orders will be at huge risk.

 

Does that mean if there are 2 or more sons and all daughter in laws if they want can make the life of parents in law a hell and so any kind of harrasment against them and claim residence on their property which they saved working for their entire life and there is no law to protect old people in India ?


(Guest)

IF magistrate passes order u/s 23 of dv act, then if your wife is placed through police protection in your parents house and in a turn of events, if either of them ends up breaking each others head, both parties will damage themselves physically and the magistrate will stand to lose his job due to the turn of events.


Sadly, there are fools who get jobs as magistrates and screw up lives of husbands and his parentage, by passing such orders u/s 23 of dv act which are exparte orders.


Rest advice already provided, no use discussing ill fate of husbands and draconian laws which favor only women in this bl00dy country of ours.

Dr J C Vashista (Advocate)     22 January 2015

It would be appropriate to provide (or pay) for a suitable rental accommodation for wife since she has a claim in her matrimonial home.

rahunjain   22 January 2015

Advocate Dr. J C Vashista as you have mentioned that she has a claim in her matrimonial home.In my situation i am living outside India for long and the house in India is owned by my parents and i am also not living with them then how can their house become her matrimonial home ?

 

If the husband is not ready to pay anything then how can the parents of the husband be made responsible for their son.I know there is a law that its responsibility of the sons and daughters to take care of their parents at old age but not the other way around right or in India is it responsibility of parents to take care of the sons and daughter in law ?

Adv k . mahesh (advocate)     22 January 2015

why are you not providing her residence even after marriage and why you are giving her chance to stay in your parents home 

court will ask you about that after marriage you have to provide her residence and her parents house is only for visiting say if you both divorced then she has to arrange her residence 

rahunjain   22 January 2015

I already mentioned she is not staying at my parents home and she lives at her parents home.

 

This is exactly my question i am not ready to provide her residence in that case are my parents responsible for her when their son is not taking the responsibility ?

T. Kalaiselvan, Advocate (Advocate)     23 January 2015

As your legally wedded wife she is entitled to be maintained by you and you cannot disown the responsibility to provide her shelter/accommodation and maintenance amount.You are liable to do it and take care of it legally.  As per law, wherever she stayed with you together before separation will be her matrimonial home, it may be your parents house too and if you claim excuse that it is your parents' house, you will be directed to provide her alternate accommodation which you have to oblige.  Once upon a time your mother was a newly wedded wife of your father, if your father had thrown her out of the house that day you would not be in this position today.  Bear it in mind that law is to be respected.

saravanan s (legal advisor)     26 January 2015

if you have last resided in your parents home along with her then she can claim shared household but since its your parents self earned property if they dont want your wife and her parents to reside there they can object to that.even in that case you are obliged to arrange for a alternate accomodation and take care of its expenses

swati (hhhhhh)     30 January 2015

 

There are 2 scenarios:

 

(A) If you and your wife LIVED in the property you are mentioning is:

1) Your parents self acquired property >>> NO

2) Property is ancestral or you own it jointly with your parents >>> YES

 

 

(B) If you and your wife NEVER LIVED in the property you are mentioning is:

1) Your parents self acquired property >>> NO

2) Property is ancestral or you own it jointly with your parents >>> There is a Madras High Court case citation based on which Judge could probably give right of residence to your wife. 

 

Madras High Court - Vandana Vs. Jayanthi Krishnamachari ( O.A No. 764/2007)

If there is a relationship which has legal sanction, a woman in that relationship gets a right to live in the shared household. Therefore, she would be entitled to protection under Section 17 of the Act, even if she did not live in the shared household at the time of institution of the proceedings or had never lived in the shared household at any point of time in the past.

 

Though the offer made by the learned counsel for the respondents/defendants to pay a reasonable amount towards rent appears to be fair and reasonable, the right guaranteed under the Protection of Women from Domestic Violence Act, 2005, cannot be negated by such offers, however, reasonable they may be.


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