Legal Question in Family Law in India
rented home
My wife has filed a judicial separation case on me & due to quarrel i was forced to leave the house which was on rent on my name, the agreement with landlord got expired in may 07 only but i was paying rent by cheque without any further paper work,when i left the house my wife told me she will shift herself to some other place, so i served a notice to landlord too, now she is not vacating house & saying to landlord to get rent from me..due to her ..my landlord & me in a problem..what to do???
2 Answers from Attorneys
Re: rented home
u stop making payment and then landlord can evict her on non payment of rent
Re: rented home
To avoid any penal consequence, you should better keep making payment of rent;
In terms of the recently enacted law (DVA) wife is entitled to stay in the house and husband is responsible for payment of rent;
besides, house if your wife is not earning, she is also entitled to maintenance to support herself. therefore, you should make sure that she gets adequate money for her living.
the laws are very harsh; and you should be on your toes to proctect yourself from going to jail;
better try for an amicable, out of the court, mutual settlement, on whatever terms possible;
this is a serious problem and entire responsibility to resolve the issue is upon you ; because when the situation gets worsened, you can be harmed.
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