• Residential order

Hello,

My wife is been trying to get the residential order for my apartment. We have been separated since 2015 and she filled DV case 2019. last three year there is no movement in case as we have filled application under CRPC 468 (Time bar). We yet to receive outcome of our 468 application.

Now suddenly opponent are asking for residential order for the flat which they never stayed. I got the possession in 2020. 

They got the interim order in CRPC 125 and we have challenged this in high court. In high court they have put the application for mediation and on the other side in dv case they are doing all this residential order drama.

Can you please suggest me how i can safeguard my hard earned property from opponent?
Asked 11 days ago in Family Law
Religion: Other

7 answers received in 1 day.

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10 Answers

Offer your wife alternative accommodation 

 

is your wife working and does she have any property in her name 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Offer alternative accommodation 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

If she has never stayed you can very well object to the same as the same is not a matrimonial home of your wife and cannot be granted residential rights. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

You need to proof that your wife had not stayed in the matrimonial house at all and in new residential house she never ever entered. 

 

By the time you can give your property on lease or leave in license on rent and get registered. So the property won't go in your wife's hand, no matter court has passed the residential order.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

- Legally your wife cannot claim a right in your property during your life time , but she can claim residential right from under the provision of Domestic Violence Act. 

- If she will not provided accommodation in your new flat , then also she can seek a residence even on rent from you till the time of divorce. 

- If you don't want to allow her to enter in new flat , then better to give it on rent . 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Residential order application can be challenged if she is already having a residence on her name or has been allotted with a quarters by the government if she is employed in the government  or in order to prevent her from entering into the property, you an let it out on rent with a registered rental agreement and can offer her accommodation outside this own property. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You have to obtain the details of her employment and her assets including any immovable property lying on her name.

You can gather the information through your own sources or engage the services of any private detective agencies. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. You shall have to file a divorce suit against her on the ground of desertion and cruelty.

 

2. Thereafter you shall have to file a petition u/o 39 r 1 & 2 praying for an order restraining her to enter in to your apartment.

 

3. Your application filed u/s 456 against her will be of good use in seeking the restrain order from the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

If she is highly qualified, then she will not be entitled to any maintenance from your side.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

Dear Client,

As per your follow up question, if she has the capacity to work but is not working during the divorce process, then the court can come in your favour and not give your property to her. She may get minimal amounts but her capability to work and maintain herself is seen more. 

Thank you.

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

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