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lawagaintmen (xyz)     31 December 2013

Injunction suit against my wife

hello i want to know can i file injuction suit against my wife to enter my mil premises. i m currently living with my mil which is suppose to be my wife matrimonial home.last time we stayed their. she Threaten   em to enter my house? can she do that? can i file or my mom file injuction suite against my wife? how long this case can take and can my mom stop her to enter her home?



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 11 Replies

Vikram (employ)     31 December 2013

Dear friend

I am not an expert but have been through this situation so here’s my bit of advice you can follow. Your mom can file an injunction case against both you and your wife, but you can get the interim stay only on the first date of the case which might take months and on the condition If you prove or she accepts that she is not currently residing in the suit property. Here it is also important to know in which circumstances she left the house, if she left the house by her own will or under pressure from you and your parents. Till you get the stay you will have to be very careful not to let her in by any chance as she will try to prove her position in the property, and if she does so it will be very hard to make her leave. If she comes and tries to create a scene outside your house don't open the door but just call the police. Make your parents file a complaint in the PS of your area that your wife along with her parents and relatives is threatening your parents and can harm them as they are senior citizens living in self earned property peacefully.

gautam (not disclosed)     01 January 2014

Dear @querist,

Legally, unless the divorce is granted, wife has legal rights to stay with her husband.  If you shift to another house away from MIL, then legally she can join you in the new house but not your mother's house.  Refusing her to co-habitat with you will be treated as mental cruelty by you towards her and could be a clause in defence of her Domestic Violence case.

You have not mentioned if any divorce case is in progress between you and your wife.  Filing injunction case is good move.

1 Like

lawagaintmen (xyz)     01 January 2014

It means if i m living with my mother but as the house belongs to my mom she cannot claim to enter their. And can i stay their. I m just wondering cant she enter it by saying i m living where my husband staying, very confusing . No divorce case is running

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 January 2014

Dear Querist

if you are living with your mother then she has a right to live with you in your mother's home. if you are not living with your mother then only your mother can file an injunction suit against both of you.

smita (not working)     01 January 2014

Jusy by filing injunction suit and getting the stay is of no use as permanent stay will not be given..the real problem will not vanish or get solved..ur problem will increase  for sure...

lawagaintmen (xyz)     01 January 2014

thank you guys i think i should move to somewhere elese

lawagaintmen (xyz)     01 January 2014

If i file a divorce can on the verge of divorce case i can file injuction and let her enter the house

deb (Advocate)     01 January 2014

Dear Sir,

Is it allright if a Judge has passed an ex parte ad interim injunction against the defendant without the presence of either plaintiffs and defendants

basically no body appeared and judge has given exparte adinterim exparte order 

Does the Judge have such discretionary power to pass an order without hearing any advocate

 

Regards

 

T. Kalaiselvan, Advocate (Advocate)     02 January 2014

@lawgiantmen: She is your legally wedded wife.  So long she has the status, she can claim her right to residence in the place where you reside or which is considered as her matrimonial home or where she had lived even for a short time the matrimonial life.  If for your convenience you transfer the properties on your mother or siblings name and claim that you dont have any home and she has no right to enter into your mother's home, it will looked down and your mal-intentions will come to light even without hearing your explanations. You are duty bound to maintain her, give her food, clothing, protection and shelter, you do not have any escape to it under the law.  Have you filed a divorce case?, if so, what is the stage?, If you are staying in your mother's house, what is your right in that house?, can you not understand that a wife is entitled  to live with her husband as per law,  Hindu marriage is not a contract that you can throw the wife if you do not like her by terminating the relationship.  It is sacred and sanctum of the marriage has its own values, so do not run  a risk because the prevailing laws are very strict and stringent protecting the women' sentimental feelings.

1 Like

Girish (Senior Manager Operations)     02 January 2014

Injunction Suit - Which Section? Can someone please let me know the IPC section / some details? I will ask my parents to file this suit. My wife never stayed with my parents. I stay in a different city since before our marriage. After marriage my wife stayed with me in a different city where I work & reside.

I want my parents to get a legal protection via injunction order from court. That property is owned by my Mother (can be shown as her Stridhan) and me or my wife has no right to stay there. My parents should also make a WILL and disown me for the misery brought in their peaceful life at an old age.

Please let me know the Section for injunction suit, I asked my lawyer couple of times but he didn't support the same. In fact I am unsure if he is aware of such injunction suit/order.

Any help will be appreciated. Thanks in advance.

lawagaintmen (xyz)     03 January 2014

@T. Kalaiselvan, Advocate- sir house belongs to my mom only. i havnt transfered anything. and my divorce case is running.. in starting stage..i want to ask if divorce case is running even on later stage or early stage stil la wife can forcefully enter the house if divorce case is on?. what cases i can file on her if she file some case on me


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