Sourabh 02 August 2017

In family case

Respected Members,

I need your valuable advice on my Case.

My Wife parul has not disclosed the truth of her previous marriage with some one else. They also took divorce and after that we got married. after 1 year of marriage I came to know about all the facts of her previous marriage. And I have filed the case for the annulment in the district court.

But as she came to know that the case has been filed, she started creating the drama every time. she threatened us that she will commit suicide and harm her self and file a false case against our family. Meanwhile in the last month she went to her parents home by her own wish. Now she want to came back to my home. I am living with my parents and two younger sisters. they all are afraid if she do anything with herself what will happen. we all go to jail etc.. all are worried.

Now I want to ask you that is there any way through which we can restrict her to live in this home. I have already asked with my lawyer but he is not giving any fruitful solution.

So I request you all to help me, that any process or any way so that I can stop her in entering in this home.

as she start living here, she will create a big problem for all of us. Hope I will get answer from the respected members.

Thanks for all in advance.

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6 Replies

Sachin (N.A) 03 August 2017

If your house is not in your name She cannot forcefully enter in your house but she can definately file case for the same, so for safety sake, you should change your postal address in documents and show you are not living with your parents, you can show your relative's address as temporary address. Or alternatively take adimission in mens hostel.

And do remember to inform of change in address in your annulment case.

Adv Radhika Mehta (Advocate) 03 August 2017

Firstly file an NC in the local Police Station and mention that your wife has been harrasing you and threatening you that she shall hurt herself to implicate you in false cases.

Secondly, you need to elaborate in whose name the property stands in? If it is in your name, you can file an INjunction Petition in the Family Court or an Application in your nullity proceedings to restrain her from entering the house. If it is in the name of your father, then you need to move out, amend the address mentioned in your Petition and have your father file a suit for injunction.

Sachin (N.A) 03 August 2017

Originally posted by : Radhika Mehta

Not agree with the above lines, when she is already out of the house there is no need from the husband's side to file any petition she cannot forcefully enter in house. Let her file the case and wander in court.

If it is in the name of your father, then you need to move out, amend the address mentioned in your Petition and have your father file a suit for injunction.

If house is in the name of wife inlaws and husband is not living in that house court cannot grant her right to reside. So no need to file the injuction suit from the inlaws side

Sachin (N.A) 03 August 2017

Originally posted by : Radhika Mehta
	Firstly file an NC in the local Police Station and mention that your wife has been harrasing you and threatening you that she shall hurt herself to implicate you in false cases.

You can follow above advice.

Adv Radhika Mehta (Advocate) 03 August 2017

@Sachin, she may be out of the house but if that is her matrimonial home, she has every right to reside there. If she is able to prove that throughout the span of her marriage, she stayed there and the husband moved out in connivance with his father to dishouse her, the Court will definately take into consideration her plight.

Sachin (N.A) 03 August 2017

Originally posted by : Radhika Mehta
	@Sachin, she may be out of the house but if that is her matrimonial home, she has every right to reside there. If she is able to prove that throughout the span of her marriage, she stayed there and the husband moved out in connivance with his father to dishouse her, the Court will definately take into consideration her plight.

No, she has no forced right in her inlaws property. Once her husband moved out of that house that house is no more, comes under the defination of shared house hold.