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Md Shariq   15 December 2023

Can court order to let someone live with us even if we dont want them to?

Recently My Parents Separated, Naturally, me and my sibling both adults live with my Mom. But now my dad wants to come back but my mom is in no mood to take him back, So he keeps threatening that he will get a order from the court to let him stay with us. Can the court really order something like this.


 3 Replies

Adv. Sandeep pandey   15 December 2023

depends the place where mother and your father want to saty is belongs to whom and mother need to litigate this on court if she want seperation and it will be matter of sole choice of individual so many situations whic not reveal in your quetion as per law applicabple to your case.

Dr. J C Vashista (Advocate )     16 December 2023

Court cannot compel your mother to take your father back in the house.

Show the order / judgment to some other local prudent lawyer for better appreciation of facts and professional advise, if you have lost faith in your lawyer.

Sanskriti Tiwari   16 December 2023

The courts while dealing with these types of cases often prioritize the welfare of the child and the situation’s best interest. You in your query have stated that your parents are legally separated, which automatically denies the fact that your dad can live in your mom’s house forcefully without her consent. Therefore, the court cannot order to let your father stay with you all, although he can be given some visitation rights to meet you and your sibling.

The Domestic Violence Act, 2005 safeguards the women’s residential rights after separation. Therefore, if your mom fears harassment or violence from your father, she can seek legal protection under the act. The case of SR Batra vs. Taruna Batra laid emphasis on the importance of the woman’s right to live peacefully in her matrimonial home. The court in the case held that a husband can’t force himself into the matrimonial home against the wife’s wishes.

But before taking help of the legislations or dwelling into legal proceedings, it is recommended to first sort the dispute through mediation and if the amicable efforts doesn’t work out, you may approach the court along with all the necessary documents which prove the separation of your father and mother. You can also refer to the Hindu Marriage Act, 1955 for more details.

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