Hiren Gohel 06 April 2018

Need a Judgement on IPC 456 & 457 Given by Gujarat High Court

Hi Everyone
My query is little critical and difficult to understand. Me and my wife are living separate since last 3 yrs, as she left my home and started living at her parents home. We are married since last 10 yrs out of which from last 3yrs we are living separate. We also have a kid and it is with her right now. She has also filed almost all the cases according to Hindu marriage act on me and my entire family. ( For example 498(a), DV act, Maintenance act 125). Now the issue is, 3 months ago me and my mother went out of town for a week to attend a relative's marriage and she broke into our house and started living there like there's nothing happened between us. When we came back to our home, she didn't let us enter the house and literally attacked on me and my mom with an iron rod, but fortunately my mom didn't get any injuries. We filed an FIR at the concerned police station but those idiots refused to take any action against my wife stating that she is still married to me eventhough she is not living with me since 3 yrs and despite she has filed all the wrong charges and cases against me and my family. Police only advised us to take help through court hence we have filed a case with IPC 456 & 457 against her. I want that b*tch to get punished as she tried to attack my mom and beat her. She has done every possible things to make our life miserable and now she only wants our property. Please help me to get the Judgement on IPC 456 & 457 given by Gujarat High Court particularly by Justice JB Pardiwala. I would be really thankful to you guys if you can help me. Please understand the fact and my family's condition. We are literally bagging our relative's to let us stay in their house since these days. Please guys, Please help us. My Mom is facing this painful situation at the age of 67. I hope someone could help me.

Reply Follow

7 Replies

Hiren Gohel 07 April 2018

Mr. Ramesh singh.. You seem to be a totally waste guy on this earth. Rather than giving an answer, you're just spreading some sh*t from your mind. Just f**k the hell out of your self and let other human beings understand my situation and let them advise me.

1 Like

Vijay Raj Mahajan (Advocate) 07 April 2018

Section 456, 457 IPc complaint may not sustain in the court as this made against your wife who is still your wife. House-trespass or house-breaking are offence where stranger commit this act, your wife is not a stranger firstly although she is staying away from you for last 3 years. The court has not yet dissolved your marriage by decree of divorce. The wife has lived with you in domestic relationship with you that entitles her to live with you in the same house where you are living that right she gets under the Protection of the Women from the Domsetic Violence Act,2005.

Your mother who too is a woman can file complaint against your wife for domestic violence and seek her right to live in her house that is being prevented by your wife to her.The Supreme Court of India had allowed this right to mother in law against the daughter in law under the PWDV Act,2005.

In case you own the house you can seek your right to live in the house along with as counter reliedf against the DV complaint filled by your wife against you and your right to live there cannot be denied by the court by any means.

1 Like

Hiren Gohel 07 April 2018

Thanks Mr. Mahajan, but I know this and we have also filed DV against my wife on behalf of my mother. But we all know that any of the court case doesn't end that easily and the process of Justice is pretty slow in our country so we can't expect Justice DV case before 2020 and we also can't live on the streets till that time. We are continuously trying to compromise with my wife since last 3 yrs but that b*tch is not ready to bend a little, she just wants my property nothing else. So I request here each and every one to help me find any judgements on IPC 456 & 457, particularly given by Gujarat High Court. We have filed a case under IPC 456 & 457 and the metropolitan Chief has asked to present a copy of judgements given by Gujarat High Court on IPC 456 & 457, so that on the basis of those judgements he can provide the best Justice to us.