Advice for wife iilegal entered in housein absence of me after d.v. judgement & 498a under proceedin
KIRAN
(Querist) 19 January 2015
This query is : Resolved
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 12 yrs& one boy of 9 yrs.
3)I have 4 married sisters & father staying at native place alone (not with me)
4)I m well setteled& haviny own flat at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient ( I had psychotric Dr prescriptions). there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)My wife(with my kids)left my house her own willingly alongwith her parents& relatives on 31/12/2011. i have made complaint to police station about this.
7)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
8)Magistrate had conducted counceiling 3-4 times but failed.
9)Then my wife moved application to Mahila Sahayya kendra.
10)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
11)We started our married life again.All were happy but there was interference of her relatives.
12)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court to me.
13)Magistrate had also suggested her to withdraw case but she refused.
14)From that day (24/05/2013),she & kids are at her parents houuse.
15)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs .
16)We filed petition for quashing FIR & chargeshit in H C. The same FIr is quashed by H/C in favour of all other 6 fmly members except me.I have to face the trial.
17)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids.
18)She has not produce any documentary proofs or witness reg.her allegations.
19)Now, D.V.Judgement is issued & order is passed for Maintenance of Rs. 3000/-p.m.to my wife & kids from the date of order & copensation amount of Rs. 50000/-to wife due to physical & mental Harassment.
20) I have made appeal in session court against that D. V. order as she had not given any proof/evidence/witness to prove D.V.is caused.
21)After D. V. order, my wife (with my kids) had broken the locks & door & illegally entered in my house in absence of me.
22)Immdly. I have given complaint to the police station. They have registered N.C.but denied to register FIR stating there is no divorse bet you & ur wife.
23)Now, she is not ready to leave my house & staying with me.But there is no change in her nature & always giving blame to me & my relatives.
24)I m afraiding that she may injure to herself or me & may lodge false complaint against me.
Kindly adviceme,
i)can i force police to register FIR against her? Or make private complaint in court against her & her parents?
ii)How can i keep pressure on her ( her parents) to withdraw all false allegations in D.V & withdraw 498 A & assurance not to make any false complaint in future to save the marriage in view of kids.
iii)should i give application to SP, Mahila aayog,women & child welfare for information & counceiling.
iv) or should i file divorse & child custody.
v) Should i send legal notice to her parents reg. this illegalentry & to take back her to their house?
vi)Any other valuable advice to safe me legally.
Sorry for long querry as detailed history is necessary for better advice.
Thanking you in advance
Regards.
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
So long there is no divorce, she is the legal wife and has all rights in her husband's house or matrimonial house as a wife. You cannot stop her from entering into the house. If you are not able to live with her anymore, you may opt to divorce her legally after which the court will decide about her residential claims etc.
SAINATH DEVALLA
(Expert) 11 March 2015
After going through the entire query, the misunderstandings that have occurred in your matrimonial life are minute in nature.I feel that all these have been exaggerated beyond repair.The involvement of third parties worsens the situation.Even after reconciliation misunderstandings continued means, she is being misled by her parental home.Now that your children are growing up, U have a responsibility for their future.Even their mother has an equal responsibility.Better sort out outside the courts.
