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(Guest)

Wife's shelter application

Dear Experts.

My wife has filed shelter application one year after filling divorce case. Her father owns 3 hourses. Can I deny shelter to her? I used to own a house but I gifted it to my family members. She is claiming that house as her matrimonial home but that house is now owned by my brother. Please advise. My wife is qualified engineer and purposely seating at home. We have 3 year old daughter.



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 19 Replies

Dr J C Vashista (Advocate)     23 April 2014

 Did you apply for mutual consent or unilaterally for any ground? If yes, what are the terms for MCD?

Is your divorce granted or still pending?

In a divorce case house is not (generally) included, contact your lawyer who is better informed.

advocate Avdhesh chaudhary (advocate/ legal consultant)     23 April 2014

you have not mentioned the status of divorce case. you may call me with brief of your case on 09891507137. Adv. Avdhesh chaudhary

Adv k . mahesh (advocate)     23 April 2014

it is your duty to provide shelter after marriage and no way concerned with your father in law how many houses he possess

even if you do not have any if court directs you to provide her shelter then you have to provide may be rental also 

maxx (pvt service)     23 April 2014

@mahesh.......but what happens in a scenario where the husband has filed for divorce and the wife asks for RTR in her DV case, doesnt it make the divorce case weaker for the husband, as both will reside under the same roof, and it may be presumed by court that there is conjugal relationship despite divorce being filed by the husband/

and in rental demand, does the husand have to pay the rent or look for a house and also pay rent? and where should this rental house be, in husbands town or wife's town? where she is presently residing? thanks...............

Adv k . mahesh (advocate)     23 April 2014

as per the wife demand court will order and he has to give all amenities were if both stays like atmosphere he has to provide 

may say rent is high at husband place and wife place it is low rent and she demands near to husbands place only then what is your say for this 

great india (manager)     23 April 2014

Rtr has to be provided as per law. She is denting your case by a dv wid rtr. Grounds of divorce important. Cruelty if you plead might goes against you. You can provide rent in leiu for accommodation. Defend her case with brains. Good you gifted property.

Biswanath Roy (Advocate)     23 April 2014

Denying shelter to the mother of your child is unethical and inhuman so it will be your moral duty to give her shelter till divorce is finally disposed.

(Guest)

Sir I sent her restitution letter to bring her back home. She didn't reply. After 18 months she is demanding shelter to take revenge from me. I know she won't stay in my home all she will do is call police every now and then and create more problem. When laws are biased then nobody thinks about ethics.

Biswanath Roy (Advocate)     23 April 2014

Conjugal relationship is secred.  If husband feels that wife is his enemy and wife feels husband is her enemy  then such relationship must be ended for good.  But one should think about the future life of the innocent baby whose life will suffer.


(Guest)

Sir I am concerned about my child's future that is why I sent a lot of letters to her. Sent restitution letter too. But now if she wants to find faults everywhere then I have to fight back. If during counselling, she said she don't want to return to her matrimonial home then how can she now ask for shelter. Her intention is to waste my money. I know she won't live with me even though I rent Taj Mahal.

Sudhir Kumar, Advocate (Advocate)     24 April 2014

your thread

 

https://www.lawyersclubindia.com/forum/Is-it-okay-to-skip-court-dates-101285.asp

 

you do not want to give any maintenance even for child?

T. Kalaiselvan, Advocate (Advocate)     24 April 2014

Please ascertain your actual position before posting queries here because in another thread for maintenance you have posted a contradicting query and now here  a different story relating to her residential rights in her matrimonial home.  In both the queries you have stated to have taken a different stand.


(Guest)

Let me clarify my stand. I am ready to pay whatever it takes for my child but none to my qualified wife. I have no problem in she living with me but she is asking separate rental flat and rupees 40,000 / month for her maintenance. She has filed two petition. One for separate rental flat and another for money.

Dr J C Vashista (Advocate)     25 April 2014

Your wife, if earning will not claim maintenance, if she puts up a claim shall be declined as not maintainable.

 Both of you will have to contribute for the child.

Try to sort out differences respectfully and amicably (if rreuqired rope-in elders, relatives , friends or counsellors) accommodating the parnter and lead a happy married life with your child, who has a right over both of you.

Best wishes.


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