LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

being moral   03 November 2021

Can a wife forcibly enter husband's house during pendency of an appeal in highcourt where husband is an appellant in divorce case filed by him under mental cruelty by wife

Can a wife forcibly enter husband's house during pendency of an appeal of divorce case in highcourt where husband is an appellant and case filed by him under mental cruelty by wife.
Wife has been staying in her mother's house continuously for last four years in a different city and never appeared in any court except at the filling of written statement in lower court.
case by family court rejected the husband petition by saying lack of evidences despite having facts therein.
Now wife even not appeared in last two years of accepting high court notice and intrudes husband's house compounded recently and forcing to get in the living area. sitting in open area for last a week. police not cooperating despite written request and finds her innocence and says she is still a wife and eligible to get in.

What is the law in such situation and please provide ruling if any because
Even Commissionerate Police is of a metro city is spectator in this case.

Kindly save a patni peedit.
___


Learning

 13 Replies

Dr J C Vashista (Advocate)     04 November 2021

@ Being moral,

What is the opinion and advise of the lawyer engaged / paid by the appellant, who is well aware about facts and circumstances of the case(s), intelligent, able and competent person and duty bound ( as well as being moral) to satisfy his / her client ?

What is your locus standi ?

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 November 2021

If she is not living there for 3 years her rights to live in that house have significantly diminished. Under DV act she can only claim right to shared household. Since last 3 years there is no shared household, so it will be hard for her to get any residence orders.  You are within your rights to disallow her entry into the house unless court has passed orders to allow her entry.  Make a report to police about her bad behavior in advance. If she shows up at door, call police and refuse entry to her. 

 

1 Like

being moral   04 November 2021

Thanks for replying Sir,
As I said earlier she is away and residing in her mother's house for last 4 years and never appeared in any court after submitting her WS in family court.
Police is not cooperating despite getting written application from husband to take care of situation and throwing her out to maintain the status quo Or to avert any untoward incident. Police says she has every right to live in husband house even has first right to get in coz she is still a wife of the said husband. Even if husband finds himself uneasy to live with her he must go to somewhere else to stay.
In absence of any ruling I am in a fix and not able to convince the police. My advocate in highcourt is also confused and seems helpless. To avert the situation I myself locked my living area and staying away from my home since a week on this Deepawali eve.

I would be Thankful if you king forward any such ruling or documented link which could convince the police in this case.

Thanks and Regards

P. Venu (Advocate)     05 November 2021

Yes, it is your advocate who can give the best assistance. Anyhow, the Police have no jurisdiction in the matter except under the directions of the Competent Court.

being moral   05 November 2021

@ P.Venu Thanks for replying Sir,
Unfortunetly My Advocate has no clue on it.
It is really awful that despite putting all key things before law fraternity is clueless on it and can not even provide any solution or confident opinion. What is the fun of the matter when despite in a pending case in highcourt wherein wife residing away from husband for last 4 years and husband is still mentally tortured by wife and no one has concrete opinion on it prima facie.
Doesn't it imply contempt of court in this situation where police itself is not acting to keep situation calm and respect the court.

Sudhir Kumar, Advocate (Advocate)     23 November 2021

whwther any divorce has been granted?

 

If so whether any stay order is there on the divorce decision.

Archana Pandey   05 February 2022

Dear Concern, 

During legal proceedings she cannot come to your house, however she may come after having specific order for that. 

Also, you can seek an order like permanent injunction to ban her entry in your house. If house is in your mother's name, she can also obtain an injuction order to restraint her entry from the house on the basis of her previous actions ground like mental cruelty. 

For a safer side, you may complaint to a local police of forceful entry of her as you may explain that she has already been away from years due to her specific reasons and you are afraid of her violent nature. 

Dr J C Vashista (Advocate)     06 February 2022

Whether she is restrained by an order of the court ? No

Can police help either of the parties in entry in her matrimonial home or stop her entry ? No, untill there is some law and order problem.

Sudhir Kumar, Advocate (Advocate)     07 February 2022

Given facts indicates that divorce has not happened as husan's petition is rejected by the court and husband has merely challenged the award.

 

given fact also do not indicate any injuction against her for not entering.

 

She in such cas hs fullo right to enter the house and if objected she can enter forcefully and stopping her amounts to domestic violence.

 

The police has a duty to assist her if force is used by husband or his family for stoping her entry.

Parasar   09 February 2022

ler her file a dv and get a  residence order, offer to provide alternate accomodation for her,  dont let her enter at any cost, 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 February 2022

You say that your lawyers have no clue as to what to do? You file a writ of mandamus in the High Court to order the police to prevent the wife from entering the husband's premises. The police will have to present their side for inaction. Either the police will have to act or your lawyer will get a clue as to what to do during the process.

being moral   01 June 2022

@Sudhir Kumar, Advocate Sir, how can you say the wife can enter in her matrimonial house during a pending appeal before the HC and notice for which has already been issued by HC to her residing place, should not it requires for her to appear before the court in spite of trying to enter forcefully in her husband's house. And why police should help her to get in despite knowing the court proceeding facts. Pls upload law pertaining to such situation where wife gets licence to mentally torture her husband and his family during HC proceedings.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     04 June 2022

The legal remedy is to file a civil suit for permanent injuncton with temporary innjunction under O.39 R. 1&2 C.P.C., but your success is remote,as she is still your wife as marriage is existing.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query