Wife trying to enter my parent's house forcefully

Thanks for your advice. Now I have following questions.

1. My lawyer never told me about separation deed. What is that and how it is made please kindly elaborate.

2. When she left us we were living with my parents. Now doesn't she have any legal right on the property to enter. If she again tries to come and forcefully enter the house what should be done? Last time when she entered the "varanda" we called the police but they said they can't force her to get out.

3. She have taken my son along with her that day in my absence and have also shifted him from the school in here without my knowledge. Also my lawyer told me that child billow 5 years of age cannot be taken from his mother without any serious issue against the mother.

And to your question yes she have one younger unmarried brother.

I disagree with Shekhar here. She has a legal right to stay in that Shared Household, if she has stayed there with you and your parents.

Its a good way that ur parents have filed an injunction suit, ur parents can always show to her the petition copy or copy of summons when she again tries to enter the house and tell her that the case is in court and let the court decide. She cannot enter your house if the case is in court, it will be a tresspassing and then ur parents may file another suit or complaint with the local police.

Do 1 thing, ask ur lawyer and ur parents to appear on next date and let ur parents say in court to Hon'ble Judge to pass the interim order ie Status QUO Order which will restrict her entry till the decision of the case.

Vikram,

Your wife has got all the rights as a wife to live in the house where you reside until your marriage has not been dissolved by a decree of divorce, you cannot forcibly evict her from your house on her next entry.  If you say that the property is no more yours and that your mother is the absolute owner of the house, how do you still reside in that house, as a tenant or as a household member?, in any case being your legally wedded wife she has got all the rights to enter and live in the place where you reside and it is called as her matrimonial home.  Sending her out of the house is one more offence under domestic violence act.  To avoid her re-entry, you must look to shift your residence to any other place after which the owner of that house may prosecute your wife for trespassing offence.  As a father you are a natural guardian to the minor child and she can be under the custody of her father after 5 years of age but if you desire to take custody of your child now itself, you may petition the court seeking the relief and remedy under Guardian and Wards Act with solid grounds and substantial evidences in your possession. If you decided to not to continue your marital life with her any more and if you strongly feel that her cruel acts will not allow for a reunion between you both any time in the future, you may file a divorce case against her on the grounds of cruelty and if you have already filed one, you may quote the recent arrogant attitude of hers while projecting her cruelty.  

Thanks to all of you for your precious advice.

But here are some facts you must know:

1. I am not living with my parents from last 4 months, I do visit them but not residing with them anymore.

2. She left the house along with my 3 years old son 5 months back when we were living together with my parents after leaving false allegations of dowry and torture against me and my parents.

3. I have already filled a divorce petition which is pending in the court with first hearing in the month on Dec.

@  Shekhar Malhotra : No I am not a resident of noida nor is my wife.

One more thing I would like to know is that, I have done many audio recordings on my old Nokia mobile (telephonic as well as audio recordings of meetings) in which my wife and her parents have confessed that there had been no dowry demands nor any kind of domestic violence from our side. But during the last meeting they took that phone forcefully from us knowing that we were recording the meeting and now they have all the recordings and the phone as well. I have backup of all the recordings in my computer but I read somewhere that the media used to record is also important to prove the recording is not tempered. I have come to know that they have given all recordings to there lawyer which also contains some of my personal conversations which they can misused against me. Now they are not going to give me the mobile back, so what should I do. Shell I make a complaint in the PS? Is recording a meeting without information illegal? Please advice.

Wife Does NOT have residential rights in your Mother's property. If its ancestral yes.

It goes against Property Laws. Even YOU dont have residential rights in your Mothers or Fathers self acquired property. Those pieces of sh*t calling themselves lawyers and giving f**ked up advice go get a life or change your profession.

I endorse the reply of Mr.Ragz hyder......

No rights of wife on her in laws property or assets and even she has no right on her husband's property except when court decide the matter to attach his property during the last stage when he abscond or get bankrupt to non payment of maintenance.

regards,

(ESIS)

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Thanks to all but according to my lawyer if she enters the house she will try and prove that she resides here since marriage and then it will be very difficult to sent her back from here. If she manages then we might have to file a case against her to send her from the property. So to avoid such situation my parents have filled a case of injunction of the property.