Need assistance - Property Lease on my name but wife has Possession.
2 years ago
Hi,
I am staying in Delhi and the matter is for last year. Me and my wife stayed in a rented apartment which was taken on lease @ 15k per month by me for 3 years. My wife has thrown me out of my rented house, locked it and ran to her brother's home when I was not at home and then in a week filed a false DV case against me and my family. Same day I filed a police complaint in this regard to help me open the lock but they denied saying that its family matter.
Now as the rented apartment is locked I have taken another room on rent for me to stay in it. In DV case she hide the facts about custody of rented accommodation is with her and also alleged that her istridhan was lying in my custody that was kept in rented accommodation where she has put her lock. Post receiving the copy of DV petition I put my lock over my wife lock to protect the istridhan articles and nail her lies in the court. Simultaneously, I moved an application in DV court for video recording and lock opening of the house for recovery of istridhan items, however DV Court didn't accept the application and said that as this statement is part of my WS they don’t want additional pages and they can’t give order for lock opening and video recording.
I have also sent mails and msg to my wife to open the lock and move her stuff out but she didn't reply. Post that I stopped paying the rent and sent legal notice to my landlord and advising him on my situation and asking him to collect the rent from my wife and transfer the lease in her name if she is willing to have the apartment or can ask her to handover the possession back to him.
I also send a legal notice to my wife to pay rent or give back the possession to the landlord to which my wife didn't reply.
Now the landlord has filed an eviction case on me and my wife and is asking for possession and double rent recovery with interest.
My wife is also working but she lied in court. I have some proofs towards it but the DV case is still in interim arguments stage and I am paying my wife ad-interim maintenance for 30K per month for both her and my child who is in her custody. Their lawyer is only delaying and taking adjournments and not arguing the matter.
I need valuable advice on the following.
What should be my stand in Rent case filled by Landlord
Should I have to pay rent or my wife has to pay.
What are the chances of me winning the rent case.
How much time the Court will take for decision.
what should be approx cost for defending the landlord case.
Many thanks in advance,
A.Dear Sir,
Your wife has no authority to keep your rented house under lock and key illegally. You may ask to get issue a formal legal notice to you as you have entered into rent agreement and get open the same and take the possession of the same or approach the High Court and get a direction to the Police to remove the lock and to handover the possession to the landlord.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
1. Landlord will take his rent as he his not responsible for your family matter.
2. To make your wife liable to pay rent you have to show that your wife is working and earn sufficient money to take care of herself and pay rent until you have to pay loan.
3. You can file an additional application in court regarding rent thing for which you have to proof that your wife is earning. Regarding Stridhan you can show mail and message as evidence that you are ready to give stridhan but she is not reverting back to message.
4. Depend whether the case has been filed under Rent Control Board or Civil Court.
Thank You