Illegally my wife entered in my house
pravin
(Querist) 10 July 2015
This query is : Resolved
Dear sir
My wife filed false 498 against me and my family I got acquittal in that she has also filed dv and restitution case against me. Also court had allowed interim maintenance to here. Today she entered in my home illegally now she is refusing to leave my home also police is not hearing to me. So can court order here to leave my home which. Belongs to my father. Please give me suggestions what to do next.
Thank you
Sudhir Kumar, Advocate
(Expert) 11 July 2015
No Police Officer (unless having a better job offer) will at all help you.
She (since there is no divorce) has all right to enter your house, irrespective of the facts to whom the title of the house is.
498a is right of woman and if proved false it is a ground of divorce but it is not automatic annulment of marriage.
Same is the case of interim maintenance order. It does not amount of divorce.
Guest
(Expert) 11 July 2015
Your Wife is a Legal Person who holds all Legal Rights to stay in Her/Your house.
Dr J C Vashista
(Expert) 12 July 2015
Who is the title holder (owner)of the house? If it is not in your name, shift to some rented accommodation leaving her all alone and file a suit for possession, mesne profits, damages and permanent injunction by the owner.
Guest
(Expert) 12 July 2015
Your wife has all the Rights to stay in your house where she had already lived with you from marriage unless and until there are divorce orders for seperation.Until then not only shelter ,Feeding her also your responsiblity.She could also seek Legal Protection in that house even if your self get absent there please.
Anand Bali Adv.
(Expert) 18 July 2015
Wife can not have right to live in the property of her in laws however she has right to live with her husband where ever he lives, so on the other hand in case the husbad is having license to live in his father's property his wife also has the same right to live with her husband. Above Dr Vashishtha has rightly advised you to leave the parent's accommodation and move to a rented accommodation and let your father file a suit for mandatory injunction under Odr 39 Rule 1 & 2 against your wife after giving her a notice to leave the In-Laws accommodation.
By loosing her 498 case or DV case she has not lost her right to live with her husband or in her matrimonial home owned or rented or licensed to her husband.
Sudhir Kumar, Advocate
(Expert) 18 July 2015
read hedefinitaion as per section 2(s) of The Protection of Women From Domestic Violence Act, 2005
“shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
SO ONCE SHE HAS LIVED WITH YOU IN YOUR PARENTAL HOUSE SHE HAS A RIGHT TO LIVE IN THE HOUSE EVEN IF YOU SHIFT.
dr g balakrishnan
(Expert) 05 November 2016
she has every right to enter your house sir.follow sudhir advice pl
Rajendra K Goyal
(Expert) 06 November 2016
Wife have right to enter in the house, agree with expert dr g balakrishnan.
Dr J C Vashista
(Expert) 07 November 2016
I respectfully disagree with experts Sh. Sudhir Kumar, Dr. G Balakrishanan and Sh. Rajendra K Goyal in terms of judgment passed by Delhi High Court and upheld by Supreme Court in the case titled, "SR Batra Vs. Taruna Batra" followed by various other judgments.
