Legal Question in Criminal Law in India

wife keeping keys of rented apartment in US rent paid by husband

My husband lives in US on H1 visa.He has filed for divorce in US during my stay there.I did not subject myself to US juridiction.He abondened me in the house.I came back to india and also took away the key of the apartment as i have plan of going back there.Even my name is in the lease of the apartment along with my husband.Its a rented apartment.Now my husband lawyer in india has sent me a letter asking me to return the keys back to my husband .According to his lawyer i am illegaly keeping the keys.He cannot eneter the aparment as keys are with me.Its wrong.he has one pair of keys with him and i have one pair of keys that i took with me.So its false statement that as i took away the key so he cannot enter the apartment.Actually as i have taken the keys with me so he cannot change his apartment.He wants to change the apratment so that i finally give my concent for divorce if i fail to trace out where he lives.But because of keys he cannot change his apartment and i know his apartment and also have one pair of keys. His laywer hs said they will take legal action against me for keeping the keys illegaly.I want to know is it illegal for wife to keep pair of keys with her specially when her name is also in the lease?What can i do?


Asked on 3/15/09, 2:33 am

6 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: wife keeping keys of rented apartment in US rent paid by husband

It is NOT ILLEGAL for you to keep the keys with you. However, he may still be able to cancel the lease. Secondly, the lease of apt in USA normally has a fixed tenure. He may vacate the apt after expiry of his lease.

You may take appropriate remedies against him under 498-A IPC and DVA and may seek cancellation of his visa by approaching USA authorities based on the case you may register in India.

In any case, withholding of apt keys, even though not illegal, may not help you in any manner.

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Answered on 3/15/09, 7:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: wife keeping keys of rented apartment in US rent paid by husband

nothing in my opinion is illegal in keeping keys.

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Answered on 3/15/09, 9:10 am
Pranav Desai PD Legal & Associates

Re: wife keeping keys of rented apartment in US rent paid by husband

It is not illegal for you to keep a pair of keys. However, I suggest you should approach a local lawyer on this issue.

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Answered on 3/15/09, 2:07 pm
Yanala LaknaReddy Law towers

Re: wife keeping keys of rented apartment in US rent paid by husband

You need not worry. You can simply ignore the notice, if it is issued only for the purpose of :key keeping: voilation. You have not done any thing illegal as you are also named as tenant in the apartment. If he says it is required for vacating purpose that is an another issue it can be examined later.

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Answered on 3/15/09, 8:33 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: wife keeping keys of rented apartment in US rent paid by husband

Keeping keys may not amount to any illegality.

Try to read in between the lines in the facts and circumstances of entire matter.

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Answered on 3/16/09, 1:23 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: wife keeping keys of rented apartment in US rent paid by husband

keeping the keys of your apartment is not illegal and your lawyer in india can reply the notice stating that a pair of keys are also lying with husband and he deliberately harassing you. you may consult the lawyer for proper reply to the notice and don't unnecessarily get worried over trivial issues.

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Answered on 3/16/09, 4:48 am


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