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A– I may get married in the next few months.
– I am a Hindu male and i own 1/3rd of an apartment (House A1 ) in Mumbai. I am one of the three owners ( The other two are my parents ). My parents also own another old house.
-Then There is one more really small home (HOUSE A2) which is given on rent in which i own 1/3 of the apartment as well.
– I want to stay away from my parents near our apartment (House B) . I will take an apartment on rent.
-Just after marriage, The Bride will come to our old home since it is bigger in size ( House C ) and will live there for about 2-3 months till i find a rented apartment. Sometimes we will also visit our apartment (A1)
-Which of the three homes (A1 vs A2 VS B VS C) Will be considered as the matrimonial home for the bride? Note that i have a share only in house A 1 (Where we live ) and A2 (which is on rent ) ??
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IUnder Indian law, the “matrimonial home” is not strictly defined by ownership, but rather by where the husband and wife live or have last lived together in a domestic relationship after marriage.
**Legal Definition (Under Indian Law)**
A “matrimonial home” is generally:
The house where the couple resides or resided together after marriage,
Regardless of who owns it (even if it’s rented or belongs to in-laws),
It is relevant mostly for rights under laws like the Protection of Women from Domestic Violence Act, 2005.
**In your given case:**
House C will be considered the matrimonial home immediately after marriage, since you and your wife will begin your married life there.
Once you move to House B (rented), that becomes your new matrimonial home.
Ownership of the property (whether you or your parents own it) does not matter for defining a matrimonial home.
Houses A1 and A2 are not matrimonial homes unless you and your wife permanently live there after marriage.
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AUnderstood…
So any reason why Amish Agarwal suggests to start living on rent after you get married ?
In any case, i will be living on rent after marriage.
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I>Amish Agarwal
I watch his YouTube channel aswell.
>So any reason why Amish Agarwal suggests to start living on rent after you get married ?
Living away from parents, with your wife, is always a best decision, you can’t have others interve in your marriage, it gives you more freedom to interact with her.
Secondly and most importantly,
If things go sour, she can assert her right to reside in marital home, which, if it your parent’s house, can get there assets entangled in it aswell. She can even get residence orders to force male members of the family away.
The court expect you to provide reasonable accommodation for her, living in a rented house means that it is considered the marital home and your parents and relatives assets remain safe.
Also, it’s can be hard for you or your parents to evict the wife from your home, but the owner of the house can legally evict her after your tenancy ends.
Especially give that wife has can reside in marital home for an indefinite period, even after divorce, while courts have held that she cannot force husband to indefinitely pay rent.
In all honesty, if you are going to have to let an divorcing wife reside with you, it better be the house of somone else rather than you.
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