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vinay   01 June 2016

How to stop wife to get enter to my house forcefully and how

This query might sound silly but I still like to have senior members to give their advice.

 I am not living with my wife from past three years. We have one 5 yrs Boy. Kid is with her. She is living with her parents. Tried family mediation, it failed. Did outside mediation that to failed.

Basic issue: She and her parents are very abusive and don’t know how to talk. We had love marriage so before marriage also her parents went to police station.  So efforts we made for reunion but it never worked.

Now, divorce she don’t want to give. What she wants? Even she don’t know. Whenever she meet she speak in abusive way.

Few wired things she did:

  • Before marriage her parents abused me and took me to the police station. (my fault was that I was in love with her)
  • They always disrespected my single parent(mother)
  • After marriage girl also started creating problem at my home.
  • They also went to police station after marriage

Since elder mediation and religious body mediation failed. And they still abusive and not want to give divorce.

I decided to stay quite now and let’s see what next will come up. I am not giving any money as she did not filed any case.

My query is:

I have home that is on my name. Bought before marriage. Is it possible to do register will on the name of my mother? My only concern is if anything happen to me. My mother should not face any problem. Transferring property will cost me 8 lac rupees. Which is very high. Please tell me about will. Is that possible?

And how can I stop my wife if she try to forcibly enter to my home. She is not living in that house from past 3 year?

 



 21 Replies


(Guest)
  1. If she is not living there for 3 years her rights to live in that house have significantly diminished. Under DV act she can only claim right to shared household. Since last 3 years there is no shared household, so it will be hard for her to get any residence orders. 
  2. You are within your rights to disallow her entry into the house unless court has passed orders to allow her entry. 
  3. Make a report to police about her bad behavior in advance. If she shows up at door, call police and refuse entry to her. 

TR NIMADE (AM)     01 June 2016

Hello autohide 147,

 

  1. If she is not living there for 3 years her rights to live in that house have significantly diminished. Under DV act she can only claim right to shared household. Since last 3 years there is no shared household, so it will be hard for her to get any residence orders. 

Is there any case law on this please provide.

how to take this matter in court of law please guide 

regards

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Any assets acquired before marriage are considered to be separate property and absolutely owned by the original owner.The other party has no claim over it.Only out of the property bought during subsistance of marital life ,the other party can claim a share.

Yes U can transfer it on UR mother's name but U have to pay the requisite stamp duty.As long as U R not officially divorced U cannot restrict her entry into UR house.

 

Dana Kayoni (Expert Humanitarian and Lawyer)     01 June 2016

Originally posted by : vinay
This query might sound silly but I still like to have senior members to give their advice.

 I am not living with my wife from past three years. We have one 5 yrs Boy. Kid is with her. She is living with her parents. Tried family mediation, it failed. Did outside mediation that to failed.

Basic issue: She and her parents are very abusive and don’t know how to talk. We had love marriage so before marriage also her parents went to police station.  So efforts we made for reunion but it never worked.

Now, divorce she don’t want to give. What she wants? Even she don’t know. Whenever she meet she speak in abusive way.

Few wired things she did:


Before marriage her parents abused me and took me to the police station. (my fault was that I was in love with her)
They always disrespected my single parent(mother)
After marriage girl also started creating problem at my home.
They also went to police station after marriage


Since elder mediation and religious body mediation failed. And they still abusive and not want to give divorce.

I decided to stay quite now and let’s see what next will come up. I am not giving any money as she did not filed any case.

My query is:

I have home that is on my name. Bought before marriage. Is it possible to do register will on the name of my mother? My only concern is if anything happen to me. My mother should not face any problem. Transferring property will cost me 8 lac rupees. Which is very high. Please tell me about will. Is that possible?

And how can I stop my wife if she try to forcibly enter to my home. She is not living in that house from past 3 year?

 

You should have treaded very carefully before entering into any kind of contract with her verbal or written or otherwise, having only mother at your end you should have made her understand your drawbacks and how she need to behave with you and especially your mom.

 

Love marriages rarely work, reason is, you would not have seen the real person at all, only meeting in park, hotel rooms, malls, going shopping or meeting in college will not let you know what the person really is, once you both are put together then comes the real person out.

 

Well, you should follow Sainath sir's advice and transfer the property to your moms name rightaway.  Worst case, if you become defaulter of not paying alimony the said property could be taken over by court and given to her.

 

Above two memembers are non-legal and are not lawyers, please dont follow their advice.

Dana Kayoni (Expert Humanitarian and Lawyer)     01 June 2016

Originally posted by : autohide147

If she is not living there for 3 years her rights to live in that house have significantly diminished. Under DV act she can only claim right to shared household. Since last 3 years there is no shared household, so it will be hard for her to get any residence orders. 
You are within your rights to disallow her entry into the house unless court has passed orders to allow her entry. 
Make a report to police about her bad behavior in advance. If she shows up at door, call police and refuse entry to her. 
 

Autohide?  Are you a lawyer?  Why are you giving wrong advice ?

An application/petition u/s 19 and 23 of Protection of women and domestic violence act 2005 is enough for the woman to gain entry into the house of the parents/matrimonial home along with police protection even if the woman stayed there even for a single day 5 years back or even 20 years back.

 

Dana Kayoni (Expert Humanitarian and Lawyer)     01 June 2016

Originally posted by : TR NIMADE
Hello autohide 147,

 


If she is not living there for 3 years her rights to live in that house have significantly diminished. Under DV act she can only claim right to shared household. Since last 3 years there is no shared household, so it will be hard for her to get any residence orders. 


Is there any case law on this please provide.

how to take this matter in court of law please guide 

regards

sir,

please dont ask advice to non-legal members and also dont take advice from such people.  Half knowledge is dangerous.

 

An application/petition u/s 19 and 23 of Protection of women and domestic violence act 2005 is enough for the woman to gain entry into the house of the parents/matrimonial home along with police protection even if the woman stayed there even for a single day 5 years back or even 20 years back.

 

Now coming back to your citation and case law, there is no obligation for magistrate or the judge to pass order if you give any citation.  Each case has its own story and merits and demerits.  Case has to be fought on basis of merits of the case and not on basis of some citation.


(Guest)

Dana Kayoni. Can you please provide a single case where wife has been granted residence right after 3 years of separation in interim orders of DV. After such long separation, residence orders if any will be hard to get on interim basis in this scenario. If she is able to prove domestic violence at end of case then maybe she can get such right - but that will take 5 years easily. This is my honest legal opinion on this matter. Others may disagree.

Sudhir Kumar (Retd Govt Officer)     01 June 2016

Any effort for peaceful negotiation

Sudhir Kumar (Retd Govt Officer)     01 June 2016

Any effort for peaceful negotiation

Sudhir Kumar (Retd Govt Officer)     01 June 2016

Any effort for peaceful negotiation

vinay   01 June 2016

Yes sir, my extended family tried and wife side tried religious mediation from a society. But they still speak and talk in a abusive way. That is why both of it failed. It looks like they created there mind set to bully us. I don’t know how she is thinking of settling down with fights and bad relation.

They don’t even understand that relationship never work upon bad language.

Can anyone tell me about WILL query. My home is on my name. Can I make registered WILL on the name of my mother? Just for the safer side?

I just want to concentrate on my job and peace. Since she is no ready to divorce me chances are that she will going to waste my years in run around in courts. So I decided to still quite and wait for her to take step.

Can anyone guide me how can I safe guard my peace. For me peace is wife is not living in my home with me and my mother. Rest I will manage.   

 

I am not worried about my old age etc. I am just don’t any problem. The only thing she can do is forcibly  enter into my home.  And start living and disturbing our peace. If she put divorce case then I am more than happy to reply.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

Do U know the meaning of a will?  A Will does not involve any transfer, nor affect any transfer inter-vivos, but it is an expression of intending to appoint a person who will look after the properties after his (Testator) death. A Will regulates the succession and provides for succession as declared by the testator.

So it will come into force only after UR death.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 June 2016

This is not a battle ground for expressing remarks against each other.Its better the persons replying limit their freedom only by concentrating on the querist.Ugly posts and replies are being witnessed since sometime and the admin of LCI is keeping a keen watch on such things.The indecent replies are depriving the original querist of getting his required suggestions.

vinay   01 June 2016

I know the meaning of WILL. And it is cost less also. that is why doing to be on the safer side. We dont know what can happen at what time. But we can see what is going on right now. Transfer is expansive that is why i am not going for that. It will cost me 8lac.

And WILL will case 3000/-


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