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Karthik (Sr. Manager)     29 September 2014

My wife is not allowing me to enter my own house

Hi,

My age is 62 and my wife is 52. There were quarrels as usual between us as like any other couple. But 2days back suddenly she has denied me to enter my own house. I went to morning walk as usual but when returning she denied me to enter my own house. She did not open the door. The house is on my name. The neighbours seems do not want to get involved in this matter. At present I am staying in my sister's home. What can I do in this to get entry to my own house ASAP. Legal advices plz.



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 10 Replies

fighting back (exec)     29 September 2014

buy a secret video recorder, knock at the door, record the reaction on the device, immediately walk into the nearest police station, give an application in wriiting about the incident, this is the most important thing, however also keep in mind, after this, she will immediately file a DV case in the same police station citing harrassment from you, however, to avoid future legal hassles, you have to be the first person to approach the law if any injustice is being meted out. this is the natural course of remedy to be followed by logic by a sane person. reacting and complaing after a case is filed on you will be seen as an 'after thought' so do as told...........rest your choice 

Karthik (Sr. Manager)     29 September 2014

Can I forcefully try to enter the house? I that way if some bad incident like injury etc. happens should I be held guilty?

fighting back (exec)     29 September 2014

remember,...any sort of application of force will directly invite DV.....so apply your mind and logic. try to rope in your relatives to sort out the issue. by the way. why is she trying to prevent you from entering the house? obviously she is not mad to prevent you from entering the house. especially at this age. so definitely, there is  another face to this story which you have not revealed. you need to present the whole picture to get a correct advise 

N.K.Assumi (Advocate)     29 September 2014

I agree with fighting back.

Adv. Chandrasekhar (Advocate)     30 September 2014

File a suit along with temporary injunction order under order 39 R. 1 &2 seeking access in your own house.  You will get ad-interim injunction order even before serving notice to your wife.  Make sure that your area SHO has to be made party, because the court direction goes to him to put you into your house.   You will get relief hardly within two to three days. Later on, your wife will approach the court under DV Act for residential rights.  There, the court will allow both of you to stay separately under the same roof without interaction with each other.

Karthik (Sr. Manager)     30 September 2014

Today I checked the police station and found that before the incident she had reported to the police station i.e. lodged a general diary that I have been physically and mentally torturing her for past two years. Now police is not entertaining me. What to do next ? By not allowing me to enter the house is she not taking the law in her own hand ?

great india (manager)     30 September 2014

Go fast to a court and file a case..... Then court would order and direct the Sho of local p.s. .... Police will not register your easily but would promptly help the opp s*x....... Thts all over in india.... Follow above advice promptly for long term reliefs

Adv k . mahesh (advocate)     30 September 2014

before going all this legal tussels why you should not involve some other person to have a discussion with your wife 

at this age going to court both and making regular visits is not advisable and here the main issue is already she has complained in the police station about your harassment 

if the discussion are not fruitful then file civil suit 

fighting back (exec)     30 September 2014

@kartik..........so it exactly happened as predicted.now you have two options. either file RCR (useless thing) to show that you want to live with her or direclty file for divorce........first of all. hire an intelligent lawyer. put your entire case story in detail for local legal assistance. 

N.K.Assumi (Advocate)     30 September 2014

Better go for RCR first.


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