indranil bhattacharjee (Supervisor) 19 October 2018

restrict wife from entering house after filing divorce petition

We had been in litigation.. We were separate since last 6 years.. In 2017 june we had some discussion in Fam Court in presence of our advocates. Following that we had been having telephonic discussion since last one year.. In 2018 june I have brought her back in home along with both children (male, 13 & 12)..both of us didn't approach court before doing it as we decided that after coming back we will go to court and file a joint application. Within 1-1/2 mths dispute started again. Now things has gone worst. At any point of time if she leaves house for few days and I file a fresh divorce then how to prevent her from entering my house??

Reply Follow

4 Replies

Sudheendra (Social worker ) 19 October 2018

Once you have filed for divorce, if your wife is trying to forcefully enter your house / without your permission, you can taken necessary action for your protection by filing application directly before court seeking restraining order under Section 38(3) of Specific Relief Act lays down the conditions in which Permanent Injunction can be granted by Court. You may also file a police complaint under Section 441 of Indian Penal Code, 1860 for criminal tresspassing with an intention to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there.