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Fighter   22 December 2015

Wife residence right and alternate accommodation in dv case

Husband filed for divorce on mental cruelty ground.

After that wife asking for Residence right and to remove husband from his own house.

I have agreed to provide rental amount per month to wife. 

Will court accept rental amount offer OR Court will direct me to provide residence right in my flat?

Please suggest.



Learning

 2 Replies

Adv. Yogen Kakade (+ 91 9225510883)     22 December 2015

Your earlier posts describe the entire story of your case. You were there in this forum for asking how to remove wife from house.. and now you are coming with the wife removing you from your house.

Consult your existing lawyer.. as he knows you and your case better.

Sidharth   25 December 2015

Pls come with complete details Like Where are you residing presently Who owns that place Where is your wife residing   On the basis of your question,  you are asking about Right to reside of women She can claim her right on SHARED HOUSEHOLD Definition of shared household as per SUPREME COURTImportant part of the judgment follows:Learned counsel for the respondent Smt. Taruna Batgra stated that the definition of shared household includes a household where the person aggrieved lives or at any stage had lived in a domestic relationship. He contended that since admittedly the respondent had lived in the property in question in the past, hence the said property is her shared household.We cannot agree with this submission.If the aforesaid submission is accepted, then it will mean that wherever the husband and wife lived together in the past that property becomes a shared household. It is quite possible that the husband and wife may have lived together in dozens of places e.g. with the husband’s father, husband’s paternal grand parents, his maternal parents, uncles, aunts, brothers, sisters, nephews, nieces etc. If the interpretation canvassed by the learned counsel for the respondent is accepted, all these houses of the husband’s relatives will be shared households and the wife can well insist in living in the all these houses of her husband’s relatives merely because she had stayed with her husband for some time in those houses in the past. Such a view would lead to chaos and would be absurd.

 


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