Legal Question in Family Law in India
D V Act
we have an ancestral house in a small town in india. me and my wife however are living in a govt accn in another city. of late relations between me and my wife are not cordial.she is threatening to go to court against me under DV Act.Pl advice(a) Whether magistrate can pass orders on her application that she has right to reside in our ancestral house?(b) I have a plot alloted in my name and i am paying installments for it after taking loan from bank. Can the magistrate prohibit me to sell the plot if she asks the magistrate to do so or if i sell it before she files the complaint, can the magistrate prevent me from using the profit made from selling the plot or freeze the money acquired from selling the plot which i deposit in my bank account?pl advice
4 Answers from Attorneys
Re: D V Act
the wife has right on ur property only and where u are living. she can demand maintainance and if you will pay the maintainance then court will not stop you from anything and u can deal with ur property also.
Re: D V Act
1)She has a right to reside with you unless divorce or separated whereever you live. it may be ancestral house,rented house etc.
2)No unless she is not in anyway concerned with the plot or money.
Re: D V Act
(1) Your wife has right to stay with you unless and untill you are not divorced.
(2)No she cannot unless her monetary transaction is not there.
Re: D V Act
Basic issue is providing her maintenance. She is entitled to maintain the same standard of living as she was enjoying prior to her separation from the matrimonial home.
If you provide her adequate maintenance, the court may not pass any order against you about your properties; but if she can establish neglect on your part and is unable to maintain herself, the court may exercise any of the options mentioned by you in your note.
It is your responsibility to provide her adequate maintenance and housing. Better you settle the matter amicably out of court.
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