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being moral   17 October 2020

Forcefully entering in husband house during pendency of first appeal of divorce

Please make me clear

Can a respondent wife forcefully enter in husband house with the help of local police during pendency of first appeal of divorce. especially when she have been living in her parents house in different city and not appearing in court itself
OR
what is the role of Police in such matters if approached by respondent wife willing to get in the husband's house during pendency of first appeal.

Pls give the guideline reference, if any


 5 Replies

Adv Vinay Mathur + 8447131770 (Advocate)     17 October 2020

Wife has a right to stay in husband's house till the final order from the court.

If wife is getting maintenance which includes house rent then she can't enter husband's house.
but.

Or you can provide her an alternative accommodation on rent.

If house belongs to your parents then they can file injunction on her stay.

You can bring it to the notice of court because she can file false complaints under sec 498A etc.

being moral   17 October 2020

wife is staying in her parents house for last 3 years. never appeared in court even after after applying for maintenance, and neither availed the opportunity of mediation in lower court just had submitted ws. case got dismissed and I appealed in HC. notice served to her in dec19. even in HC she not appeared so far. now trying all to enter in my parental house where I live alone. parents and all members are no more. I have 9 yrs old daughter who is with her.
what actions should I take to save myself.

Dr J C Vashista (Lawyer)     18 October 2020

Did you get any stay order restraining your wife / child from entering her matrimonial home ? Answer is "NO".

What is the opinion and advise of the lawyer engaged / paid by you for proceeding in your case(s) ? Follow the same since she / he is well aware about facts and circumstances of the case(s) and an able, competent and intelligent enough to satisfy your questions/ queries.

However, if you have lost faith in your lawyer it is advisable to contact and consult another local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding. 

P. Venu (Advocate)     18 October 2020

Facts posted are confused and disjointed.

Who had filed the case? What were the remedies sought? What are the grounds for dismissal?

How could the house be parental when parents are no more? 

What is the problem if your own wife  and the daughter joins you in the house where, admittedly, you are staying alone?

Sudhir Kumar (Retd Govt Officer)     21 October 2020

please be clear on the status of divorde case.


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