Rights on parental property
vijay
(Querist) 24 May 2015
This query is : Resolved
Sir,
My wife has already given in writing in the court to my father that she will not enter in our matrimonial house two years back.
Around one year back I have filed seperation case U/s 10 aganist my wife. I have been living seperatly with her for the last one and half years.
I have two queries :
1. Now i am living with my parents as thier health is not good. Can my wife enter my parental house as i reside with them now.
2.is there any law under which i will get seperation from my wife if i live seperated from her for the last two years and i am not in contact with her.
You are requested to help me in this matter.
Regards
Vijay
Devajyoti Barman
(Expert) 24 May 2015
1. Yes, if the same s her matrimonial home.
2. For decree of judicial separation you have to file a case in competent court of law. However even after decree your wife can come to your home.
If the house belongs to your parents and your wife is mischief makers then your parents can file case for injunction so the daughter in law may be restrained from entering the house.
vijay
(Querist) 24 May 2015
Sir,
My parents has already taken the injuction from daughter in law. She has written in the court that she will not enter into the property.
My query is :
Now i am also living with my parents in thier house. My wife is living in rented accomodation. i have filed seperation case u/s 10 aganist her. What shoud i do in this situation
Devajyoti Barman
(Expert) 24 May 2015
Nothing except to carry on with your case.
vijay
(Querist) 24 May 2015
Sir,
I have filed a seperation case around a year ago. Its been one and half years since i have been living seperatly from my wife. Is there any law that if i dont come in contact with her for two years, will the case be in my favour. Kindly suggest
Dr J C Vashista
(Expert) 26 May 2015
1. She has a legal right to live in a "shared household" during subsisting of your marriage, which is independent from judicial separation.
2. For a decree of judicial separation two years separation is required, before that the petition is not maintainable.
3. For any other or further queries consult your lawyer.
vijay
(Querist) 27 May 2015
Sir,
I have filed seperation case aganist my wife U/s 10 of Hindu marriage act around one year back. I have been living seperately with her for the last one and half years.
In this period, if i go for remarriage then what are the reporcossions ? Kindly help and suggest
Anirudh
(Expert) 27 May 2015
Hello, judicial separation under Sec. 10 of the Hindu Marriage Act does not mean divorce. Even after grant of separation, both of you are still husband and wife in the eyes of law.
Therefore, you are not entitled to get into another marriage that too when the first marriage is still subsisting. If you do so that will be an offence of bigamy.
vijay
(Querist) 27 May 2015
Sir,
Based on the respondents replies full of highly objectionalbe charges, we intend to convert this case from section 10 to section 13. As the process is very long and the life is getting wasted and i have no intention to keep her as my wife so what will be the offence/penalty, if i go for remarriage without rituals so that my life is not wasted and my exwife also is happy.
Kindly help
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
You have been advised properly on the latest question too by expert Mr. Anirudh, why do you stretch the thread without understanding the replies given to your query, read it once again before you attempt to post another query on the same lines.
