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My wife has filled DV and divorce case against me. Under dv act she is claiming right to residence i


20-Feb-2023 (In Divorce Law)
My wife has filled DV and divorce case against me. Under dv act she is claiming right to residence in my father's property. Recently I have purchased property in MumbaiMy wife is central govt employee earns around 70 thousand and I am private employee earns around 1 lakh 50 thousand and we have one girl childCan court grant right to residence to my wife in my father's property because last time we have lived in this property or mine.If yes then how I can stop her form getting right to residence because there intentions are not good she want to come to file false cases against usAnd how much maintenance she can get?
Answers (2)

Answer #1
890 votes
She has a right to reside in your father's property. If you want to stop her than you can ask your father to file harassment case against her being a senior citizen. She can claim maintenance only for kids since she is earning well which you need to show to the court.
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Advocate Kajal B Joshi

Adv. Kajal B Joshi

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Answer #2
991 votes
Well, under the DV Act, 2005, your wife can claim to live in the Home where you guys were last residing. She can file an Application for the Shared Household under the concerned section of the DV Act, 2005 to pray court to grant her rights to live in the Home of your Father, where she along with you was residing right after the marriage. Maximum she can get 25 % of Maintenance of your income depending upon several factors.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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