I am a Central Public Sector employee and have a family dispute with wife. She has lodged a case of DV u/s 498(A). She has lodged another case for maintenance in which on mutual agreement basis I am giving her 15000/- pm and a 3 bed room furnished apartment in NCR Faridabad. Apartment's maintenance I am paying separately. I also have filed a petition for divorce u/s 13 of HMA. All these cases are in process and subjudice. At my previous place of posting I was given field hostel by my company but she was staying there forcibly and to avoid any further dispute I was staying separately at a nearby place on rent. I am now transferred to a new place. Here also I am given a room in bachelor's field hostel. She has come here also and has forcibly started staying. Being lady company authorities are staying away from this issue and saying it's my personal problem. If I have court order to stay separately from her then only they can assist me. I am again staying outside the campus. I have two daughters from her. Elder one is married and younger,19 yrs old is studying B.Tech. and stays in hostel in different city. My question is: 1. Can I get order from court to stay separately in view of my job and safety and to avoid altercations. 2. Her matrimonial house is also vacant where she can live in. 3. Kindly suggest appropriately and explain fulfillment of conditions to live separately, if any. Thanks
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You can stay separately without divorce although your wife can file a case under section 9 of the hindu marriage act for restitution of conjugal rights.
Try to settle dispute amicably through an mediator. You said already your daughters got marriage in this scenario it is better try to settle dispute through an mediator, if she is agree for mutual divorce then you can settle the matter in Lumpum amount as a alimony and dissolve the marriage through court.
Since you have already filed a divorce petition you may not be able to get any such order.
You can, alternately, surrender the government accommodation allotted to you which she is forcibly occupying it.
You may inform the court about her arrogant and atrocious behavior and seek its intervention to rescue you from her cruel clutches by advising her inside the chamber or through court mediation center.
You can seek court orders restraining wife from
contacting you in any manner as she has already filed cases of DV / 498A against you
2) that you have already offered her 3BK flat to her
Maintenance 15000/- and 3BHK was mutually agreed between we two and then court disposed off the maintenance case based on this mutual agreement. This happened in front of The Judge and case disposal order was written. Later she refused to honour it but I am consistently dipositing 15000/- into her account and 3BHK APT key is with her.She is disturbing me intentionally. question is how can I restrain her from forceful stay from my government accomodation by court?
See best course would be you give up your governmental accommodation start living separately and further file an application before court seeking order to restrain her from meeting you or staying with you on ground that criminal case are pending she is harassing threatening.
Further if she forcefully enters new premises file a police complaint on her.
As I already adviced, if you move in appeal against the maintenance order to HC, as she's not honouring the terms of the mutual settlement order, the honourable HC will give her two options.... either to withdraw from the place where you stay, or the maintenance will be cancelled.
If you think this is going to be too time consuming, you can simply lodge a police complaint against her for trespass, as after the maintenance order, she's not legally entitled to stay with you, till your divorce case gets disposed off
Sir for restraining her file a civil suit for injunction against her on entering the premises and evicting her for ongoing cases and the disturbance she is causing pending the cases,
Seek restraint order from court as wife has already 3BK awarded to her as per court orders
1) Stop paying 15k per monthly her and withdraw key from her. Reopen the dismissed case and get the court order for your mutual consent and get divorce. All these procedures should be done in front of judge and get signed from that particular court. As mutual consent divorce.
You may file an injunction suit against her seeking to restrain her from entering into your house despite she being given an apartment to live as per the MOU.
Injunction order by court only can salvage you.
Dear Querist
immediately file an application under Order 39 Rule 1 & 2 of CPC before the family court where your divorce case is pending and approach for restrain order, if after restraining order she is not obey than she may be prosecuted for the offence of contempt of court under Order 39 RULE 2A of CPC.
Feel Free to Call
1. Yes you can
2. File an application for interim relief in the pending divorce proceedings.
regards
As advised file an application and keep on paying the maintainance as per the Settelment.
Regards
Dear Sir,
You can intimate your officers that your wife should not reside in your bachelors room. Further file interim application before the court accordingly. You are paying sufficient maintenance and she may be directed reside in matrimonial house which is vacant, court will pass orders accordingly, nothing to worry.
yes you can take a restraining order from court.
she can live at her matrimonial house.
if you get an order of judicial separation then you can live separately.
