Injunction from wife
Querist :
Anonymous
(Querist) 15 January 2012
This query is : Resolved
I have following litigations with wife, from past 2 years:
1) Divorce on cruelty grounds:- from my side
2) DV act:- from her side, afterthought: cud nt get any relief in Sec 23.
She is at her parents place, earning in govt job, child is with me. I got an air that she is having tremendous social pressure at her parents house n may forcibly come here to live with me at my residence. I have office cum residence on rent......my profession wil be spoiled this way besides my divorce case will fall apart. My landlord is dead against writing a rent deed & wants that his premises not be dragged in taking Civil Injunction, if I plan so. O'wise he has no prob wid me.
Now the question is:
In such a divorce pending case, can husband ask for injunction against wife?
Will the apprehension count OR court wants some solid proof of her disturbing me.....to seek injunction?
Kindly guide how to tread....thanx
niranjan
(Expert) 15 January 2012
I do not think that court could grant such an injunction as she is entitled to reside with you legally, however you may try and file the application that if she will come she will harass you and your child and just to frustrate your divorce petition you apprehend that she will enter your house forcibly and she will implicate you in police cases as she has already filed DV case.She would be entitled to stay in your house only if she gets such an order from the court in DV case.However this is delicate situation and you should act according to advice of your Advocate as he is the best judge of the situation.
Nadeem Qureshi
(Expert) 15 January 2012
Dear Querist
wife has the right to live into her matrimonail/husband's home according to law, so the civil court can not passed any order in Injuction petition or suit for injenction against wife. but if your landlord's heirs are ready to support you then they can file a suit for injunction against her.
feel free to call
Devajyoti Barman
(Expert) 15 January 2012
The husband can indeed ask for injunction of wife but it is hardly allowed keeping the fact of right of residence of wife in mind.
If it could be established that
i.wife has never returned to her marital home for long nor
ii.wishes to come back or
iii.the husband has given her alternative accommodation and
iv.her only intention is to cause disturbance to the husband then the injunction may be granteded.
Raj Kumar Makkad
(Expert) 15 January 2012
I endorse the common views of the experts as expressed above.
Sushil Sharma
(Expert) 15 January 2012
very well replied by the experts
Shonee Kapoor
(Expert) 15 January 2012
You can file for injunction. Just agree that if need be you are ready to provide rent.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 16 January 2012
I endorse the views of Mr.Niranjan, Mr.Nadeem and Mr.Barman.
Querist :
Anonymous
(Querist) 16 January 2012
Quite a mix of opinions from EXPERTS! Most of u say, its unlikely 2 be granted. Landlord part i know well, but he is nt ready to mingle with my ex in courts.
What is the solution then. She knows my weak point. My delicate balance will shatter, my profession too wil be gone, if she sneaks into this house! Moreover, she may falsely claim in Div case that we lived 2gather on such & such dates.....hence showing condonation from my side.
I am afraid...plz help with strategy.
prabhakar singh
(Expert) 16 January 2012
As there can be an order of shared house,it suggests court shall not presume any prima facie case in favor of husband as any such injunction, in my view, would be to restrain her from enforcing a legal remedy conferred upon her by a statute.
Querist :
Anonymous
(Querist) 16 January 2012
Thanx 4 concern.
The premisis I am talking as my resid+office, I moved in after we separated. We were living in a different rented house before we separated.
Deepak Nair
(Expert) 18 January 2012
Since the hosue is rented and you are using the same as an office, you can put that ground before the court.
You can state that it is impossible to share the house as the same is used for official purposes and the same is rented. If wife comes to stay, then that will effect your work adversely and you will suffer irrepareable losses.
The rest is on the court to decide.
Querist :
Anonymous
(Querist) 18 January 2012
OK experts, I got some idea here.........not practical to have injunction from her.
If I decide to compromise my career a little for the sake of keeping her away, leave this office, start working from 2-3 different places (can be managed), she may come any of these places to disturb me.
Is it possible to seek INJUNCTION FROM A "PERSON" (wife) RATHER THAN INJUNCTION FOR A PROPERTY!
Querist :
Anonymous
(Querist) 14 February 2012
Sorry, cud not visit forum for a few days, but query still needs some more light, plz experts:
Can a person seek injunction against another person (wife in question); not premises based; but -- she shud nt disturb him by coming near to him or like?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 January 2012
