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rajoo (exec)     31 January 2013

Which place does wife has right to reside?

i have filed for divorce, wife filed for RCR, i fear that if she wins RCR, she fight forcefully come at my place, but anyway she does have the right to force herself into my house anyway, but she never liked to live in a small house. my query is: if i have a joint ownership property, presently given on rent ( i am not staying there) can she force herself in that place? i am presently staying with my parents in their house can she force herself there? if my parents disown me, and if a take a rented house, can she forcefully come there? basically i want to know, among which three places i mentioned here, she has the full rights to reside Place one: my rented property, where i am not staying Place two: my parents house, where i am currently staying. Place three: in case i take a rented place, and live there, after my parents disown me. so to summarize, is it like that wife has full rights to stay only at that place where the husband is presently staying? (within the meaning of shared household)


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 5 Replies

Chetan Joshi (Advisory/Advocacy)     31 January 2013

It is a husband's duty to take care of his wife and right of the wife to stick with the husband....

 

You trying to force her to live away from you may land up you in trouble...Do not infringe her right...

 

With an equal ownership right in the property, she may do anything in the legal context of ownership of a property...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

1 Like

(Guest)
Originally posted by : rajoo

i have filed for divorce, wife filed for RCR, i fear that if she wins RCR, she fight forcefully come at my place, but anyway she does have the right to force herself into my house anyway, but she never liked to live in a small house.

my query is:
if i have a joint ownership property, presently given on rent ( i am not staying there) can she force herself in that place?

i am presently staying with my parents in their house can she force herself there?

if my parents disown me, and if a take a rented house, can she forcefully come there?

basically i want to know, among which three places i mentioned here, she has the full rights to reside

Place one: my rented property, where i am not staying
Place two: my parents house, where i am currently staying.
Place three: in case i take a rented place, and live there, after my parents disown me.

so to summarize, is it like that wife has full rights to stay only at that place where the husband is presently staying? (within the meaning of shared household)
 


Dear Rajoo


First and foremost vacate the place where you are staying. ie.. leave your parents house if you donot want your wife to enter your parents place. Wife can come back into any place you are staying, but cannot go into parent-n-laws house.


Show that you are living seperately. Thats the only way you can prevent wife entering your parents house.


Other places wherever you are staying she can enter that place provided she has your address.



1 Like

rajoo (exec)     31 January 2013

hi chetan, pls dont misunderstand my post, i never tried to drive her away, nor will i ever do that, on the contrary, she first drove me away from where we were staying in a rented home, i complained about this to the womens cell of police. they summoned her for counselling however she never turned up. and just left my house with just an application to the womens celll that my husband is not staying with me, (total lies) now she is with her mother. from there she has filed RCR

she has always eyed my house from day one, and time and again told me to drive away my parents form my house, as she wants the complete house for herself,. she even dared to send me an advocates letter threatening me of appropriate action against asking dowry

thats why i want to save my property from my greedy wife. if at all the court forces me, i am ready to give her a house to live on rent. but i dont want to stay with her under the same roof. i have lost trust and faith in her. pls advice

rajoo (exec)     31 January 2013

hi sujay,

thanks for your advice, i want to know is that does she have the right to stay only  in  that place where the husband is presently residing? can she force her self in my other house and i am staying in another house.?


(Guest)
Originally posted by : rajoo

hi sujay,

thanks for your advice, i want to know is that does she have the right to stay only  in  that place where the husband is presently residing? can she force her self in my other house and i am staying in another house.?

Rajoo:


Where can a wife enter?

1.  WIfe can enter your parents house, provided if you are staying with your parents.

2.  Wife can enter your rented house/flat.


Where a wife cannot enter?

1.  She cannot enter your parents house, stating that she is their daughter in law, even if she claims that she was residing with them when you both were together, its your parents place, not yours, so your parents have the full right not to let her in, even if she has police protection.

2.  If you are staying with your friends in a shared basis accomodation for example a pg accomodation, she cannot enter there. 

 

 

Rest, seniors might help.


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