• Sharing household expenses by salaried wife

Sir, 

The facts of the matter:
1. I filed a police complaint of criminal intimidation on 11.03.2016
2. I filed a suit for judicial separation on grounds of cruelty on 30.04.2016. First hearing happened on 31.05.2016 attended by both the parties.
3. My mother who is the tenant of our rented house sent my wife an eviction notice on 27.05.2016
4. My wife filed a 498A against us on 02.06.2016
5. My wife filed DV suit against us on 08.06.2016
6. Wife is salaried and earns 35k a month. My income is much higher
7. I could not find a way to evict her from our house so far. The risk of she implicating us in another false case still looms large.
8. We are only 3 people in the house, my mother, my wife and myself. No child
My household expenses are 45k a month. My wife herself claims we pay a rent of 30k a month in her DV suit. We have two maids, one for cooking and other for other household chores. The household expenses including electricity would be Rs 15k. 
9. I installed CCTV cameras in the house including bedroom. She asked police to get it removed. Because of threat, I am living in the guest room and she is in our bedroom.

How can I get the court to ask her to contribute Rs 15,000, one third of total expenses till the time she is living with us since her salary is much higher? Also, can I ask the court to ask her to live in the drawing room?

Best regards,

Amit
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

1. You are not yet divorced for which she is still your wife,

2. Since she is your wife, she has the legal right to stay at the place where you are staying and certainly in the bed room,

3. You should take up a rented house for which nyour mother's eviction case will be come stronger for evicting her from your mother's rented house,

4. Alternatively, you and your mother can shift to another rented house taken in the name of your mother and in that case your wife shall have to pay the rent of the present house where he is now staying.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1)you cannot force your wife to pay one third of expenses

2) you can seek to reduce your expenses by removing the cook

3) let your wife cook her own meals

4) you have not mentioned how many bedrooms are there in the house . if only one bedroom is then your mother can seek orders to direct wife to vacate the bedroom .

5) in other cases you cannot force wife to live in drawing room

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

The court cannot interfere in such trivial issues.

You cannot seek share in the household maintenance.

You stop paying for the utilities and leave her in the dark.

You can shift your residence from that place to another lace by leaving her to toil in the same house with her own expenses.

Your mother being a tenant cannot ask the co-tenant to vacate the house because your mother is not the owner of the house.

Court is not a playground that you can your games by asking court to direct her pay you for the expenses of the household. In fact maintaining the household and the expenses is the duty of the husband.

As installing a surveillance camera inside the bedroom and bathroom is considered to invade privacy rights, please remove them from that places.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Dear Amit, You are in quite a tricky situation.....However as you filed for judicial separation you need not to worry on the 498A and DV complaint . Additionally as your wife is working you will not have to pay any maintenance. Now , you need to figure out the strategy to send this woman out of the house. It is suggested that you contact our offices for a free of cost consulting and will suggest you the best way to come out of this situation without any hiccups..

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

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