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Victor (Manager)     11 April 2024

Wife occupied husband flat and not paying the maintenance and other charges of the association.

Of-late wife is not paying the maintenance & other charges as raised by association of a high rise gated community in Hyderabad. The due has come up as on date around 50 thousands Rs & the reminder comes to husband over email and through flat associations android application.  They threaten to take action/s if dues not cleared as per the bye laws of the association.  In the past ,she kicked of her husband (flat owner) and  now she & her mother ,sister are enjoying the property. There was a complaint raised in the concerned ps but no action so far from them on this trespass & illegal gain of the property. The flat is registered under husband's name  & also currently the divorce case is pending the family court. Experts May I ask a question . Is there any body or office to register a complain esp  the dues & other than the PS .


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

The society can demand the maintenance and its arrears from the owner/member alone and not from the occupants.

The husband has to pay the same whether he is occupying it or not or whether he has filed a suit for eviction or not or whether there is a dispute between him and his wife.

The society is empowered to initiate appropriate legal action as per the bylaws, hence the society can initiate legal action as presccribed in the bylaws

Victor (Manager)     11 April 2024

Thanks for the reply Adv. If soceity can initiate the legal action on the owner on the overdue. Then do we have any remedies/relief for the owner where the sale deed and bank home loan are clearly on the husbands name. Plus inaction of the police on the illegal gain of the property by wife & her parental side relatives. Or  are we forced  to yeild to the wifes pressure now through soceity  ? Is this not a double injustice, 1. occupying illegally the flat  in prime location of Hyderabad in high rise gated community 2.not paying the maintenace charges & other penalties they levied lilke Rs 1000/- for carrying the pet dog in the passenger lift instead of cargo lift. Rs 3000/- for keeping the wooden waste material in the alloted car parking, Rs 2500/- for cheque bounce return charges , building painting charges interest Rs 14,000. They have levied as many penalties and dues as much they can ? All these violations as cited by the soceity are committed by wife and her party during last one year. 

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

You should remember the fact that the matrimonial dispute is between the spouses.

The society has nothing to do with their dispute.

The society can follow the rules for recovery of arrears of maintenance as per the bylaws, the defaulting members cannot object the action taken by society towards recovery of arrears.

You have remedies outside for the matrimonial disputes including illegally occupying the property through court of law and not with the society.

If you stop paying the EMI for more than two months then the bank can invoke sarfaesi act to recover the loan amount, in that case can you challenge the bank?

As far as the illegal charges levied by the society you can fight against it through appropriate legal forum instead of taking law into your hands and violating the law.

Your attitude may bring more disasters to you, hence you may introspect yourself and take wise decision atleast henceforth.

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