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

Page no : 2

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     01 June 2016

1) In the instant case also, wife can demand shared household and enter legally or get the rent paid by the husband if there is no house to stay.

 

2) File RCR and wait to see the progress before she files DV or 498A.  U can file then contested divorce on all the grounds and evidences stated above when u experienced no conciliatio can work.  Instead of further prolonging the issue, let it be now than later.

prabhakar advocate (advocate)     01 June 2016

Mr. Vinay,

1.  You draw a will.  In that you specially mention that you are barring your wife to get any right in that property while giving your mother the whole rights.  But there is less likely that she will survive you.  Any how, as you want to give your property write a will in your mother's favour and specially dedicating a paragraph saying that your wife is abusive and cruel and hence you are not giving any property to her.  Get the will witnessed by the most reliable persons  to you and get it registered (registration is not compulsory, but it will benefit your mother in long future).  Your wife need not know about your writing a will and get it registered.

2.  You expressed an apprehension that she may forcefully enter your property.  It is not clear, it is now or in future.  Any how, if you apprehend that at any time she may barge into your house, being a wife she has got a right to live in matrimonial home,, but you have got legal remedies.  You need not initiate any legal action right now.  But if you apprehend such situation, (which did not arise in the last 3 years), you can get a stay order against her entering your premises.  As a counter, she asserts her right in matrimonial home.  Then, you can offer her a rented property, where you can pay rent and you can stick that you do not want that your mother be disturbed.  As your wife has not initiated any action for this long period, I still feel there is hope for reconciliation.

Regards.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     01 June 2016

1) If the Will contain such conditions will prima-facie prove to be malice not with clean hands, created only to deprive wifes entry into the husband house.

 

2) As already responded in my earlier post, u may provide a rented house which is of the status and standard enjoyed by her in matrimonial as well her parental home.

 

3) Since such situation has not yet arisen, u may watch the developments.


(Guest)
  1. I totally agree with Sir Ramakrishna. Changing ownership of house with explicit intent to deprive wife is not acceptable by law. Court will see through this very easily and draw an adverse inference against you. 
  2. After 3 years of separation if wife asks for residence right under DV act, it raises doubts that wife is perhaps not under severe duress for lack of a home. It also raises doubt that perhaps separation was by mutual consent or not forecful as wife has not complained about it for 3 years.
  3. Yes she has a right to the shared household but it is very unlikely for court to blindly grant residence rights to her (in interim orders) without properly looking at aversions of both sides and bringing evidence on record. All this is fairly long process in courts, so you are in no immediate danger of wife entering your house with police protection.
  4. Once such stage arrives, you can evaluate your options with experienced lawyer.

vinay   06 June 2016

Thanks everyone, for your help and advice truly appreciate.

 

My query on WILL is still not clear. Since I am not taking any legal action. Can I do a registered WILL on the name of my mother?

 

This is advice by a lawyer. Unfortunately if anything happens to me ( I know chance are less but we don’t know) my mother will have to suffer. I have also seen such cases in my society where there was no will and society management no ready to give access to any of the blood relation person. If I can do the WILL I can at least avoid that hassle.

Please advice..   

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 July 2016

I don't agree with the views of account deleted......if the house in the name of the husband and divorce has not been taken place..then she can claim residence order in DV Act.....but u can get stay order before she files the DV Complaint and get residence order.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 July 2016

The will shall not have any impact in negating the woman from entering the house as the same shall come into play only after your demise. Hence the same shall not work.

Secondly I am in agreement with one of the contentions put forward above. A domestic violence petition preferred after one year after separation shall not be very forceful and hence the domestic order may not be passed. However ruling it out absolutelty is not the case as it is quiet possible for her to get relief if she justifies the delay.

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