Don’t stay in flat owned by your mother
2) you should stay in rented flat
3) she may file DV case against you and your mother seek right to stay in her matrimonial home seek injunction restraining sale of flat
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Living in house owned by mother versus a rental in case of fake DV
My wife had fight with my mother and sister and she took our 3 children and went and stayed in her parents house since last 2 months. Before she was living with us in one house under joint family for 9 years. She is demanding I must give her the separate home which is owned by my mother. It is a empty house and not used. Myself and my parents are under heavy stress. 1)I want to know if it will be legal problem later if my wife and I live in that empty house owned by my mother? 2) In case she is thinking of filing a DV case on me later, is it safer option to rent a much smaller, cheaper flat in a cheaper area compared to using my mother's empty house? 3)If she lives in my mother's empty house, can she throw me out of it by DV act or any fake case while she continues to stay there with our children? I want to live with my wife and children in peace, but unfortunately I'm not sure if she even wants to live with me anymore because of previous arguments which had happened sometimes. I am afraid to be stuck in fake DV case or some other legal problem where I am thrown out and just paying maintenance or maybe in some deeper problem which I don't know about. I just want to safeguard myself in my life. Please advise. Thank you
Asked 4 years ago in Family Law
Religion: Hindu
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25 Answers
- You are liable to provide her with accommodation of equal standard she and you used to reside, need not be a particular house, it can also be rented house.
- Court will not allow you to accommodate her in smaller house below the standard she is residing.
- Under DV Act there provision Section 19 to seek direction against husband restraining him from entering residential house with direction to remove him from there.
- Your apprehensions are well founded as law is in favor of woman.
You are thinking in right direction. You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce no court cannot allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. Anyone can advise you to give divorce, but no one can come to your help.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
1. She cannot claim any right over your mothers property during her and your life time , except she can claim residential right from you.
- Hence, your mother being the legal owner of that property can evict you both legally.
2. Yes
3. Arrange a rented house for living , as she can create trouble in future
1. No
2. It's not required you need to maintain her as per hoe you maintained during subsistence of marriage.
3. She can't throw you unless she proves domestic violence against you.
1. It is a residence to live separately away from your mother, hence you can decide whether to live in your mother's vacant house or to take a house on rent in some other place in order to solve the present crisis.
2. You can decide safely considering the future development.
3. If you decide to live with her separately away from your mother, then why should she throw you out of the house, in that case you can refuse to pay the rental amount, let she go to court, where you can explain her attitude and intention and nullify or dismiss her petition.
Thank you everyone for valuable inputs. I have following follow up question: 1)If I rent a bit bigger rental flat which is equal in standard to my mother's empty house, is it still a safer option than actually occupying my mother's house? 2)If my father takes the rental lease in his name instead of I taking it, is that a safer option than taking lease in my own name? I mean if he pays for rental instead of I paying from my account, is it more advisable? 3)After I go to rental flat, can she file fake DV case against my sister or father even if they dont live with her anymore? 4)She has been in joint with my parents and sister for past 9 years. If she files for a DV case now itself, what is the level of housing that she can claim? Is it for full value of our house?
Asked 4 years ago
1. Your wife cannot demand accommodation particularly in your mother's house alone.
She can claim residential rights in the place where you reside.
2. The above answer suits this question too.
3. The DV case is a continuous offence hence she can file that case from anywhere
4. She can claim only residential rights alone and not residence itself.
It is better option to stay in rented flat
2) take lease in your name
3) no dv is maintainable against them if they are not staying in same flat
4) if she files Dv case she can seek alternative accommodation or right to stay in her matrimonial home
1. Yes
2. Yes
3. She can file anytime a fake case
4. She can only claim alternative accommodation or rent
Dear Sirs, thank you for the valuable inputs. I have follow up question: 1) If she does come back, I am still confused if I should take the lease in my name instead of my parent's name? And why? 2) Should I pay for rent from my bank account or my fathers account? And why? 3) I am middle class person. I have investment in shares which my father's sister had done in my name 3 decades ago and the current value has become almost 1cr. My wife does not know the value of this asset. I also have FD asset worth 45 lac given to me by father. My wife does not know much about the value of these asset. How to protect these assets if she does fake divorce case or the fake DV case? 4) My wife and I are talking normal to each other now but she is refusing to come home till separate home. She suddenly asked me for her pan card, aadhar card and says she is needing to travel with parents. She never asked for these before. Is this something to worry?What should I do? 5)I am also afraid of section 125 of CRPC which one of the Sirs here mentioned. Can she use that against me while she is waiting in parents house till I rent a house? How fast it takes to put in action? I just want my family back in separate home but Im scared what if she does this section instead of coming back. How to protect myself from it? Thanks
Asked 4 years ago
There is no harm in taking lease of flat in your name and paying rent from your bank account .
2)it would help in your reconcilation that you are standing on your own feet and not dependent on your parents
3) give wife her PAN Card and Aadhar card .
4) wife is entitled to maintenance by filing DV /125 cr pc cases
5) you can sell the shares and redeem the FD
1. She can claim residential rights in the property on your name alone.
2. The above answer suits this question too.
3. You better not disclose this information.
4. Depends on the thoughts provoked by her parents.
5. You can't stop her from filing any case filed by her in a fit of anger, you should challenge them accordingly if no compromise arrived.
Dear Client,
Your wife has the right to get access to her personal id proof documents and hence, you should give her the documents and preferable prevent ensuing an argument on this.You should also not fear the provision under section 125 CrPC as if the provision is used against you then you may prove somehow that t without sufficient reason she refuses to live with her you or that you are living separately by mutual consent, you should be safe under these contentions.
Thanks & Regards
Dear Sirs, my apology but I'm still confused. If my father takes lease in his name and pays from his account, will there be any legal problem on him in case of any DV case or divorce proceedings? I don't mind if my father takes the lease as he can afford to pay the full rent from his account,because from my account I would need to take some gift from his account finally to pay the full rent. But I don't want him to be hassled if any legal proceedings happen due to any case in future. Can you pls advise if any problem for him if he takes lease? Because at same time, I'm scared if I'm on lease, will it mean I would get more and more trapped into some fake DV case, and having lease in my father's name will infact be less problem for me? Is this a correct way of thinking? Pls advise.
Asked 4 years ago
No problem if father takes lease in his name and pay rentals
if wife files DV case she would file against you and your parents also
In the DV case she can claim residential rights in the place where you reside, even if it is owned by your parents.
Thus she can claim residential rights in the premises where you reside whereas the same has been leased out in the name of your father.
So you can decide whether to take rented accommodation for living there to avoid her to claim residential rights in your parents' house. It would be irrespective that if the rental/lease agreement is on your name or on your father's name, it matters whether you reside there or not.
Thank you Sir. 1)So can she anyway file DV case against my parents also, if the lease is in my father's name and parents are not living with me? If yes, can such DV case be maintainable if lease is in father's name and parents are not living with me? 2)The rental flat is opposite to my current house, any legal problem in DV case due to proximity of house? Thanks
Asked 4 years ago
If parents are not living with you then no DV case is maintainable against them
2) don’t stay too close to your parents . Stay near your parents
She can claim residential rights from you alone and you are bound to accommodate her wherever you reside
She can file DV case against your parents for other acts domestic violence committed by them against her.
Even if she files it will not stand.
No legal problem
Dear Client,
She may file a DV case against any person in her in-law relationship or the matrimonial home including your parents whom she lived with.The proximity of your rental flat can be used to bring up an argument that you are not entirely willing to secure a separate peaceful household for her after all.
Thanks & Regards
Dear Sirs, thank you. I have follow-up question: I found a rental flat a bit away from current house (not opposite) and will be living separately with my wife and children. As I may not be able to afford full rent on my own income strength, I will have option to pay part rent from my account and pay balance rent by taking loan from my father. Or I will simply request my father to pay full rent from his account. I am still afraid that at any point in future, her family and she may file fake DV case or maybe section 125 to get maintenance and rent equivalent. If such event does happen, I understand from other posts on this website, that court will see various factors to decide maintenance amount at that time. Can you pls advise which of below options at the present time, will be most helpful right now to keep any future maintenance amount to reasonable minimum: 1) I take rental lease only in my own name now and pay some monthly rent from my bank account and balance monthly rent borrowed from my father account. 2) I can request my father to take lease in his name now and he pays the rent from his bank account directly. 3)My father and I become joint names in the rental lease and pay the total rent jointly every month. We are confused about which of these is best option right now, so any direction or advice will really help to decide. Thank you.
Asked 3 years ago
Take the flat in rent in your name and make payment for rentals from your bank account
1. The rental amount paid by every month shall not be taken into your income for the maintenance case.
2. You should pay the rent and the lease agreement also shall be on your name itself to have the benefits of statutory deductions.
3. You should put a stop to your imaginations.
Dear Client,
You can rent a place in your name and pay some monthly rent in your capacity and can borrow the balance from your father as it will show that you are making effort to live with her separately on her wish.
Thank You
Thank you Sirs for your replies. My mother in law is an active family lawyer and has been asking since the start that why am I renting when I can live in my mother's empty flat? But I am taking precaution by going into rental after reading advices on this forum and also preparing for any fake DV/section 125. My followup questions: 1)Is there still any advantage in taking lease in my own name? What are the advantages of statutory deduction? My inlaws know that I am willing to reconcile and have peaceful separate life, even if I do not take lease in my personal name. 2)On the other hand, if my father takes lease in his name, and there is a fake DV case in future, can one prove that I have been living in that rental with my wife? As I won't be on the lease, can I not say that I have continued to live in shared household with my sister and parents in my current home where I have lived since nine years in joint family? Rental flat is in same complex. Then in such case, my mother can also do counter DV case and maintenance to be awarded would also be less in shared household? Is this correct? Pls advise. Thanks
Asked 3 years ago
Take flat on your name and pay rentals from your income .take the plea that you don’t want to be dependent on your mother
2) rental agreement should be registered and will prove that you are staying in separate flat and there is no shared household
1. Whether you have a rental agreement on your name or your parents name, you can very well deduct the monthly rental payments from your salary income to prove your income actually in your hands.
2. You are imagining too far.
You can decide about such issues prudently when en event occurs.
Dear Client,
The advantage of renting a place in your name is that you can show that you are making effort to save your marriage as it will work in your favor. And if your father takes the lease in his name and the other party has proof that you live with your wife there then of course they can present in the court of law.
Thank You
1. Yes
2. Yes