Prohibiting husband from entering home

(Guest)

Dear members,

request you kindly enlighten me on my query

my wife had prohibited me from entering the rented home which i had taken to live along with her.

she cited reasons as her sleeps gets disturbed because i come late in the night (3:00 am) after my shift, so she warned me of dv act and complaint to police, also she citied reasons that because i visit my parents, i should bettter stay there (she hated that i visited my parents)

i complained in writing of this behavior to the womens assistance cell of police. to counsel my wife on this issue. but she did not turn up for counselling. she just attended one session. where she has given her attendance. and futher never turned up for a month and half, because of this behavior. i prefferred staying with my parents and gave this in writing to the womens cell that " because my wife is prohibiting me from entering my own home. and is also not coming the police for counselling, i am staying with my parents. " i visited her twice a week and gave her money to spend, and i also kept paying the rent of the house. she took money from me but did not let me stay with her.

after my file was closed at the womens cell. because she never turned up.

I really do not know what were you doing until all this. If I were you, I would have sent her a lawyer’s notice to mend her behavior. Would have waited for some days and filed a RCR, collect all evidence of the women’s cell, that she never came to counseling etc. Prohibiting entry of husband into his own house warrants for a divorce.

she suddenly appeared before them and filed a cross statement (not a complaint) that it is me who is not staying with her. and i come late in the night and she is staying alone since the last month, and i wll only stay with my husband only when he takes good care of me," after this statement she went away with her parents. after six months she has filed RCR. and i have already filed for divorce

my question is : does not staying with her amount to cruelty to her?

Not cruelty exactly, but yes it amounts to not taking care of her, but there will be trial in which you can tell all what she did, but no law says that you have to be with wife 24 X 7 with her, taking good care of her, and making her sleep in your lap! And you have all the points at the women cell to tell in your reply to her RCR, she was not allowing you inside the house stating that you come late, she wont get sleep etc. I mean what kind of wife will give all these reasons and yet say mend yourself and come stay with me!

as she her self prevented me from coming in the house and i had asked her to come to police if she had any problem from me, she threatened me with DV cases

request you to kindly advice on this mattter

thanks

Arey bhai, itne der tak aap kya karrahe the? You should have been swift in your actions. Even now nothing has much happened in terms of damage. You can reply to that RCR filed by her as above. State all the facts and let us see what she will tell for that in mediation.

1 Like

Chetan Joshi (Advisory/Advocacy) 06 March 2013

Prima facie, it amounts to cruelty. The case will need to be pumped with evidences....

She may file whatever she wishes to. However, her DV case will fall weak in the light of your absence.

Regards

Chetan(dot)7679(at)gmail(dot)com

2 Like

fighting back (exec) 06 March 2013

@helping hand.........thanks buddy for your advice. actually i was not at all aware of the law when these things started to happen. i went to the womens cell on my own decision as i thought this the best recourse available. actually i was totally blank with regards to law. and i just walked into the womens cell and asked them to guide me as to what i should do. hence they replied that i get here in the cell and they will counsel her. i have collected the statements and the attendence sheet of the womens cell for evidence purpose. i have the rent paid bank statement showing the rent was still being paid by me even in my absence. regarding giving her money. i was giving her cash but now i cannot prove this. so i am very much worried.

in mediation. she is flatly denying that she never prevented me from coming in the house (all parroted statements as per her lawyer) so the mediator is now suspiciously eyeing me as he thinks i have purposely stayed away from her.

can i show the attendance sheet in court to show that i geniunely tried to reconcile the differences, and she never turned up. ? besides that i dont have anything else i can show.

@chetan....thank you sir for your guidance. can the attendance sheet and her statement that " i will only stay with my husband when he takes good care of me" be used against her in court . with much emphasis on this sentance in court.. as this statement reflects the conditions being laid by her. and her emphasis on my job timings. she has opened her statment with this line " my husband goes out of the house at 8 am in the morning and comes back late at night at 2:30 am" no where in her statement she has mentioned that this disturbs her sleep. but can i lay emphasis on the sentance that states my timings? pls help dear friends i am much worried now

(Guest)

@helping hand.........thanks buddy for your advice. actually i was not at all aware of the law when these things started to happen. i went to the womens cell on my own decision as i thought this the best recourse available. actually i was totally blank with regards to law. and i just walked into the womens cell and asked them to guide me as to what i should do. hence they replied that i get here in the cell and they will counsel her. i have collected the statements and the attendence sheet of the womens cell for evidence purpose. i have the rent paid bank statement showing the rent was still being paid by me even in my absence. regarding giving her money. i was giving her cash but now i cannot prove this. so i am very much worried.

in mediation. she is flatly denying that she never prevented me from coming in the house (all parroted statements as per her lawyer) so the mediator is now suspiciously eyeing me as he thinks i have purposely stayed away from her.

All that is normal. Don’t worry. Produce the evidence that you went to women’s cell and that she never turned up for conciliation, that itself proves that the charges and allegations she is making are all concoted, that she has not come with clean hands. Show mediator the evidence in next mediation process.

can i show the attendance sheet in court to show that i geniunely tried to reconcile the differences, and she never turned up. ? besides that i dont have anything else i can show.

That is what needs to be done, show attendance sheet

1 Like

fighting back (exec) 06 March 2013

thanks friend. appreciate ur help