Querist :
Anonymous
(Querist) 19 July 2010
This query is : Resolved
My wife has filed 498A against me, my parents and other relatives in Dec 2008 which is false case. My wife and I had filed a petition in court for divorce on mutual consent on May 2009. At the time of submitting petition she has accepted 4.5 lacs and I have to pay her 4.5 on the judgment day. After 6 months she has changed her mind and now she is not attending the dates in court. Meanwhile in January 2010, I have filed a divorce case in court. Recently she has filed FIR on my cosine brother for 509 (Sexual Harassment and Rape), this is again a false case. She is also trying to enter in my room where I leave with my friends. She and police said she can stay with you wherever you live. She is trying to harass me and my parents by all the way like police, laws, by filing false cases against me and my relatives. My Question is: How I can stop her legally from entering in my house?
adv. rajeev ( rajoo )
(Expert) 19 July 2010
you cannot stop ur wife entering your room. Press ur divorce case and get the divorce as early as possible.
Devajyoti Barman
(Expert) 19 July 2010
You can always restrain your wife from entering your home even with the help of the court but then you have to file suit with proper pleading and for injunction. Thw wife has got the right of residence but not in the house itself where her husband is residing. There are catena of supreme court decisions in this regard.
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