• Can i leave my own house temporarily

We are planning for mutual consent divorce. But i am planning to move out of the house and get a rented one as i don't want to disturb kids routines and friends. The house is in my name only. My wife is ready to make a deal wherein she will stay with kids in my house for 6 to 7 years, after which she I'll move back to her own residence. Is a deal made with wife that she lives with kids for 6 to 7 years and then moves out considered valid in court. I am worried that she may not vacate the premises later on , or rules might change. Is this a right move by any means. ?
Asked 1 year ago in Family Law
Religion: Hindu

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13 Answers

Consent terms enclosed to divorce petition can contain clause wife will stay in flat for 6 years and after 6 years vacate the flat 

 

2) if she refuses to vacate after expiry of 6 years you can file suit for eviction against her 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

After a valid divorce, the husband wife are stranger to each other except as father or mother of respective spouses. An enforceable agreement between ex husband and wife can be executed, it is matter proper drafting. Such agreement is valid and legal and each party can be obliged to law to obey the terms.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Right move??  It's utter stupidity. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

We cannot see reply given by other advocates 

 

hence cannot comment on replies given by other lawyers on this website 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

- Such deal can create trouble for you even after getting the mutual divorce from her , and she can claim the same with the name of kids 

- However, at the time of getting mutual divorce you can enter into an agreement with her after mentioning that she & Kid  will not have any right to claim over the said property and the said premises is given to them as licencee and not permanently. 

- Further , in case she not vacate the same, then you can terminate her temporary given Licence after sending her a notice

- Further , if she not vacated after getting notice ,then you can get her vacated after filing a suit before the court easily. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

If you prepare properly MoU terms and conditions than it will be no problem at all. She has to vacate the agreement clause should be very strong.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Your wife can reside in your house so long she remains your legally wedded wife.

If you plan for mutual consent divorce with her then you can get into an agreement to let out your house to her on a nominal rent and that she has to vacate upon the expiration of the lease period.

If she do not comply with the conditions of agreement and fail to vacate then you can file an eviction suit to evict her from the property on the basis of the lease agreement.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

It is not known what you refer to her as utter stupidity.

If it was any comment by any advocate whop replied to your query you may clarify the same from the individual accordinlgy.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes you can move out it requires 1 year separation before filing of mutual divorce 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Yes you can do the same. The said condition will be mentioned in the MCD as well and the same can be given effect to 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

yes you can do that

upon the grant of divorce, you can enter into a leave and license agreement with your wife in which you will permit her to use and occupy the house alongwith the kids on 'gratitious license' basis for the agreed period

so your ex-wife [upon divorce] will be using the house only as a licensee

upon expiry of the license period if she does not vacate then you can file an eviction suit against her under s.41 of the Presidency Town Small Causes Court Act

gratitious means without payment of any license fee

please register the leave and license agreement though 

the above understanding is perfectly valid and the registered LL agreement will ensure that your wife does not make any adverse claim over the house 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can make a contract in this regard.

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

  1. You can leave your house temporarily for whatever period of time but the point is about creation of unnecessary 3rd party interests. Once your wife ceases to be your wife by virtue of divorce /annullment, she has no right whatsoever over your house (unless the house is a subject of alimony).  Allowing her to stay for 6-7 years is inviting complications. Hence utter stupidity 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

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