LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deekha sharma (Jdudjd7mrjd)     10 August 2016

Is wife entitled to go to husbands house after lodgin fir

Hi,

I have got married 11 apr 2015,I was living with my husband in a rented house,now as things went worst,I have lodged fir against husband and in-laws.now m staying at parents residence,also suit case of domestic violence,judicial separation and maintainance, now my certificates and all my stuff is at his residence,fir is based on 498 3/4, 376, 511, 506, 323, I want to know that am I entiteled to go to collect my certificates and other stuffs in his presence or absence.



 16 Replies

Vibha   11 August 2016

  1. It is your right to get your articles back.
  2. Best way is to make request to police station where FIR is registered and ask husband to return things. You will need to provide a list of things and husband will have to agree to your list (or you will need proof that items belong to you and are with him) before you get the items. This list can be mutually signed at police station and items can be returned.
  3. I would not recommend entering home in absence of husband and without his knowledge when you are not routinely living in that home. You may be implicated for theft. Relations are usually very bitter after criminal cases are pending between husband and wife. It is best to follow process with police and court for everything.

saravanan s (legal advisor)     11 August 2016

As long as you legally get divorced you can enter your matrimonial home.but its better to do as per vibhas advice

Deekha sharma (Jdudjd7mrjd)     11 August 2016

Fir is done in my home town he lives in other city and my in-laws resince is in on other city..what should I do in that case can I simply go to police station and show them the copy of fir and then enter the house.I really need my certificates and stuffs.

 

Well I also want to know that is any compromise after this possible or not because they were called by the police before fir to satteled the matter but they don't realise the things.j have these issues with my in lawsmi really want to live my husband.any compromise possible if he realises.

Prakash S Thakkar (B.S.L LL.B)     11 August 2016

File a case on her on dp act under Sec 3 and 4. Or u can call me for more details on 9765470629

Deekha sharma (Jdudjd7mrjd)     11 August 2016

I have launched fir in same state but in my hometown not where my husband resides

Fir is under section 498,376,323,506,511, now I want to go to husbands house and collect my academic certificates and luggage. I have filed case of judicial Sep,maintainance and domestic voilence.

I also want to know that what they can do in there favour ..is my compromise possible now.

Deekha sharma (Jdudjd7mrjd)     11 August 2016

Do I have any rites on his parentle house as I don't have kids.

Vibha   11 August 2016

  1. You have right to live in the matrimonial house but you do not have rights to break-in to the house. To get articles you should follow steps described with police station where FIR is registered, they will send notice to your husband or call him and ask him to return items in your list.
  2. Since you are not currently living in matrimonial home, seek residence rights from court under DV act if you want to stay in the home. You do not have any right to claim ownership in home. If you forcefully try to enter they are likely to make claims of theft, attempt to assault etc. so it's better to enter with proper court orders.
  3. Compromise is always possible. Ask your lawyer or some neutral third party to intimate husband that you want compromise.
  4. You say they do not realize things. What are the things you want them to realize and what type of compromise you want?
  5. I have seen enough of such cases to tell you that the most common compromise is to close cases and go for mutual divorce. If that is what you want, chances are close to 100% that you will be able to get such compromise. You can negotiate some permanent alimony amount from husband. If the amount is comparable to cost of litigation and their opportunity cost of wasting 5 years in court, most people will agree to pay such amount. If it's too high then they may prefer to fight.
  6. If you want reunion with your husband, I will be honest that chances are slim after criminal cases have been initiated. If you make another criminal complaint after being reunited then the husband and his family will be in deeper trouble because your first complaint was settled raising presumption that cruelty is ongoing and severe. Husband's lawyers will have warned him about this risk. In modern day, nobody (man or woman) wants to spend their life living in fear of such things. From husbands point of view it is better strategy to just fight the case rather than reunite. In first complaint 498a conviction rate is around 5%. In cases where second complaint is filed after first was settled conviction rate is very high. If someone has to face a 498a trial they would prefer to fight the first complaint at any cost. 
  7. That being said, every situation is different and there are cases where couples reunite. I have seen it happen only when there is existing emotional bonding between couple or there is some concern for children whose future is at stake. In marriages which are short and have little emotional investment, reunion chances are close to zero. Younger, more educated couples also have tendency to be more stubborn and not compromise their position. 

Deekha sharma (Jdudjd7mrjd)     11 August 2016

1. My father in law and my brother I law raised had in me,his mother and sister abused through my luggage out of the house I had to call to police for my help. All dis happened in front of my husband he dint do anything they don't accept there fault when the were called for settlement before fir.

2. I don't want get separate with husband what to do but he is completely under controll of his family.

3. Now my point is that after all this I will never go to that place where his family resides. Secondly I want all my streedhan that was taken by his mother just after the marriage. Thirdly as theys  don't want me to work theg will never stop me to work. This is all I want

Vibha   11 August 2016

  1. You want to stay with husband but away from in laws. You want all stridhan returned. You want freedom to work. Please correct me if I misunderstood.
  2. You can claim your stridhan return under provisions of law.
  3. Other two are not legal matters. They involve understanding between husband and wife.
  4. Nobody will abandon their parents for spouse expecting that is recipie for failure. It takes skill and tact but it is possible to maintain pleasant terms with in laws and at same time maintain healthy boundaries.
  5. Regular sessions with a family therapist can help you both learn relationship skills and create a better sense of mutual understanding. It takes time but I have seen it work wonders.
  6. Now question is whether it is possible to reunite and start the process of relationship healing? That is tough question to answer and nobody can help answer it except both of you (the couple). Lawyers and courts will never yield an answer.
  7. If you type 498a in Google all you will read will give image of wife who files such case as a monster. It is an unfair characterization. But once your husband and his family start seeing you as that monster, there is very little you can do to change their mind. 
  8. I would advise evaluating carefully whether there is hope for husband to soften his heart. If not, then don't waste your time. Get MCD and move on.

Deekha sharma (Jdudjd7mrjd)     12 August 2016

Police is saying the investigation is going on..it's one month..Police din't take any action..

Deekha sharma (Jdudjd7mrjd)     12 August 2016

I am also not forcing because after arresting there will be no chance of compromise..and I want compromise.

Deekha sharma (Jdudjd7mrjd)     13 August 2016

First I left my husband's house due to he ask to left....came to my parentle house then after two months I went to my in-laws house but they dumped my out.my brother in law and father in law raised hand on me 

anil   17 September 2016

now you cannot enter hubby house , if they are clever they will call 100 and things become wrost, your intention is not to live there , your intention is to take your belongings so it is a case of theft if you are not disclosing it and signing it on a paper what you have or going to take it when you are entering there house after FIR.

Although as per law you are free to live there ( hubbys home where he is living at present )till divorce, but as per your intention is not to live u want to go for collecting items so take help of FIR police station they will guide you , if you have filed 406 they collect it by court order or by mutual understanding with a signature of both husband and wife.

Deekha sharma (Jdudjd7mrjd)     09 November 2016

I want to know if my husband go for a divorce where can he file divorce....at my myka place where the registration was  done....my sasural place which is onother city..Or city where we used to stay.....Or he can file divorce nywhere.?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query