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(Guest)

Can wife enter home forcefully?

Hi All,

Can Wife enter forcefully, Once she herself Walkout from Marriage?

Is there any Citations of Court, which we can use to book her to trespass our house.

Please Suggest !



Learning

 18 Replies

sibasish pattanayak (lawyer)     28 February 2012

ZAMEER ji,

if wife walk out from marriage , as per your posting then that lady can not claim as wife of that person, because the marriage is not completed .she sd be treated as out sider. for statute no need to cite any ruling.

sibasish pattanayak, Advocate, kolkata.

09874854594

Ranee....... (NA)     28 February 2012

Yes.under DV Act if u r a owner/co-owner of the residence.

adv. rajeev ( rajoo ) (practicing advocate)     28 February 2012

under the DEV act she can claim

Shantanu Wavhal (Worker)     28 February 2012

wife can enter home till the marriage legally subsists


only injunction order can prevent a legally wedded wife from entering husband's home.

1 Like

swagath (md)     28 February 2012

wife can enter forfullly but force is the matter man is more powerfull but if she comes with many people then allow her to come in and file a case against her parents brother sister or many relatives that they entered your house and robbed you they they come back to right path this is tit for tat

Shantanu Wavhal (Worker)     28 February 2012

@ swagath

 

its not tit for tat

it will invite 498a / DV

1 Like

(Guest)
Originally posted by :swagath
"
wife can enter forfullly but force is the matter man is more powerfull but if she comes with many people then allow her to come in and file a case against her parents brother sister or many relatives that they entered your house and robbed you they they come back to right path this is tit for tat
"

thank you for your funny reply.......


(Guest)

Thanks Amit,

I know Possibly It may attract Other Evil Mentioned by you.

Now Restrain / injuction is safer way, Can I Get it without their Knowledge ?

or What is the Procedure ?

Tajobsindia (Senior Partner )     29 February 2012

@ Author


I will try to give my views to your question first by way of an illustration;


Illustration:
Say a couple with minor child out of their wedlock have estranged relations between them and wife without child is living at her natal home. One fine day the child is taken away from school by mother of the child to her natal home without informing father. Question now here is “can mother (wife) be charged under kidnapping?”
The answer is a big NO. Reason being parent cannot kidnap their own child!. This is Judicial wisdom prevalent in Indian judiciary. Why bze we are not signatory to
Hague Convention.


Now twist the above persuasive piece and let us set some light to your presented allegations and as in asked apprehension we say till a wife remains legally wedded wife irrespective of legal case or no legal case on floor of any Court of Law she has rights to reside at her ‘matrimonial home’ and or in lieu of her such accrued rights ‘equivalent accommodation’ is to be given to her are some of the well reasoned Judicial wisdom prevalent in catena of decisions by various Courts of Law in India i.e. it to be so till spouses are remaining legally united. So the alleged allegations of ‘trespass and or forced entry especially by either couple to a marriage into other spouse home is out of question’
 provided the 'matrimonial home' is not on other spouse name registered however this last sentence has been found to be of weak persuasion wise by few of the Courts which is besides the core point under discussion is my summing up view on this query.

 

 

The only precaution (as in remedy) one needs to foresee since the date a wife leaves her matrimonial doormat and / or since the date any family law suit on floor of Court of Law filed by either spouse is to pray for an ‘injunction order’ as the very first line of defense if HONEY is now turning into SAVE THE PROPERTY FIRST big gapping question before male spouse queriest here J  Now be it known in family law matters ex-party injunction is given but on very very high degree of probability as in one shot relief and for that one needs poster boy of that trial Court to do forecefull pleadings! 

Shantanu Wavhal (Worker)     29 February 2012

 

 

***Zameer***

 

Now Restrain / injuction is safer way, Can I Get it without their Knowledge ?

or What is the Procedure ?

 

husband has to file application in court.

wife is asked to file her say

so ...

it can not be done sneakily.

KNK A Learner (Learning to share)     29 February 2012

Please go through this judgment, when the case is pending entering into husband house with force is cruelty

Thanks


Attached File : 730801256 entering into house of husband forcefully is cruelty subhas vs sandhya.pdf downloaded: 262 times
4 Like

Shantanu Wavhal (Worker)     29 February 2012

However, we, in this matrimonial proceeding for divorce, cannot approve the action of the wife of forcefully entering the house of the husband when a suit for divorce had already been filed against her on the ground of cruelty. She had her rented accommodation where she was staying and had also the paternal house at Dum Dum. She is an employee of the Central Government and is not a helpless lady in that sense of the term and not even dependant upon the husband in anyway. In our view, once a matrimonial suit has been filed, the wife has no right to have a force entry in the house of her husband against his will if she is provided with maintenance by the husband.

1 Like

(Guest)

So One must Get Injuction Order, if she Tries to Re-Enter the House through DraameBaazi...........

Specially EVEN she come to know, and some how her Mood changes, We should Ask Judge to give Temp Accomodation Condition She must bear Half of Expenses .. Because she is also Earning...:P

What Say ??

1 Like

Prashant Rana (Advocate)     07 March 2012

1. As long as she is your legally wedded wife she can enter any house you are living, unless you are able to get preventive injunction from the court. Try to get such an injunction from the court, but it can’t be done in isolation. Court will give her full opportunity of hearing and present her version in the court.


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