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Manish (Asst engineer)     09 November 2013

Divorce help

I married in November 2007 , stayed together with my wife for 3 months and then she went peacefully with her father to her parent's house and till today we are staying separate (almost 6 years). In between there is no leagl action from either side. SHe and her family are harassing me and my family like abusing over the phone, defaming us socially and all efforts of compromise in vain. My query is: I am in maharshtra and my wife is in another state. My parents stay in the same state as her. Can she and her family forcefully enter my parent's house? Can she claim her right to stay in my parent's house ( I do not stay with them). ? If yes, what measures i can take to prevent this? Also, if it is not legal, can my parents take help of local police to evacuate them from their house?

Please suggest



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 7 Replies

Sudhir Kumar, Advocate (Advocate)     09 November 2013

Can she and her family forcefully enter my parent's house?

 

Ans : why not, she is not under divorce or legal seperation and has a right to reside in the house where she resided last with you


Can she claim her right to stay in my parent's house ( I do not stay with them). ?

 

Ans : Yes

 

If yes, what measures i can take to prevent this?

 

Ans : Peaceful settlement

 

Also, if it is not legal, can my parents take help of local police to evacuate them from their house?

 

Ans : You take the help of police and they will also take the help of police.  You can at the most prevent her entry by police force and she canlay false allegation of dowry demand and have to booked under 498a.

 

Act with cool.

Manish (Asst engineer)     09 November 2013

Thanks. She did not resided in my parent's house last with me. Can still she claim to stay there? how can i bring my separation documented which i can use as proof in court. Should i go for any litigation? If yes what should be the content

(Guest)

I still in doubt with credentials of Mr. Sudhir Kumar....

 

He is good as nothing in giving legal advices.

 

Reasoning:

 

1. He is giving wrong informations about wife's claim over husband's property even though that property doesn't belong to him.

 

2. In this particular query ,when husband is not residing with his parent's and seperation is more than 6 years even though the house doesn't belong to husband then how come a wife may forcefully enter into his parent's house.

 

3. I think Mr. sudhir Kumar is A avid user of such tactics in his own family to other's family that's why he suggests wrong informations here related to women law.

 

4. If a wife do such illegal act's by trespassing forcefully in parent's home which doesn't belong to her husband then the next home for her will be women prison.

 

5. I wonder why victims here are not fearless to face any situation if they really want freedom from their dead marriages. These wicked ladies along with  Mr.Sudhir type persons are making the women business flourish by misusing the law for their benefits.

 

6. It's shameless here that many lawyers and many self acclaimed experts are misguiding the victims without any suffice or case law.

Manish (Asst engineer)     09 November 2013

Thanks for clarification. What should my next step should be to get rid of her now.

Manish (Asst engineer)     09 November 2013

Can u also help me in my question on litigation for solid proof of separation and no legal action so fat

Aazad Sufferer (Advocacy-Family and women oriented laws)     09 November 2013

Dear querist,

 

If you were not comfortable in leading life with her then why you simply kept mum in these 6 years.

Even you have not made any record either through letter or through public authority that "from these ....these date my wife and me are separated.

 

Now, a long 6 years has been crossed and you have waked up suddenly to realize that you need divorce or she may enter into your parent's house forcefully.

 

Anyways,

 

Just go through my thread which I have posted by name "List of Divorce judgements on mental cruelties done by wife" and List of all judgements on denial of maintenance"

 

There I have posted a judgement From Calcutta High court that a wife can't enter into her in- laws house forcefully.

 

Take the guidance from other relevant judgements to draft your petition.

 

regards,

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism

 

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.

 

 

 

Samir N (General Queries) (Business)     09 November 2013

Though I am not an advocate, I agree with the legal advice given by Every sufferer is.... The advice given by Mr. Sudhir Kumar, with due respect to Mr. Kumar, is just PLAIN WRONG!

 


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