Restraining order against wife


Myself and my wife are staying separately for about 4 yrs. Currently a maintenance case under CrPC 125 is going on and she is enjoying an interim maintenance in spite of having her own income. In this regard, can I get a restraining order against her which disallows her entering my home while the case is pending?

 
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Lawyer in Hyderabad.wats app no.9989324294

you have to prove in the court that she is having monthly income from other source. then court may issue order accordingly.

 
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Lawyer

No you cannot disallow her entry in her matrimonial home till the time she is your wife and interim maintenance is altogagher a differnt issue.

Obtain a decree of divorce and disallow her entry. Otherwise file a civil suit for permanent injuction for her restrainment, prove it and get the decree


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Advocate

Prima facie you cannot restrain her from entering in to your house without any court order.

 
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Advocate

You both are still husband and wife hence it is not possible for you to legally stop her from entering your house because it is her matrimonial house and she is entitled to residence in her matrimonial house.  You may file an injunction suit against her seeking to restrain her from entering into your house until the disposal of  your divorce case against her, but how far you will be able to succeed in it depends upon your lawyer's arguments based on her behavior in the pastas well as post divorce case developments.  Maintenance case is different from divorce case.  You may file a petition giving the details of her employment as well her salary income seeking to reject her interim maintenance claim.

 
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under law graduate

respected learned members please enlighten

if husband filled declaration for void ab initio marriage in this condition can husband file for restraining wife to enter husband s mother house. if yes, both are muslim under what section of which act.

thanx

 
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Lawyer

Mr. Tinku Bhai,

Ask your teacher/tutors, it is an academic query

 
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under law graduate

Dr J C Vashista 

this is not an academic query this is the complication of my case and my life,you would be surprised to know when i discussed my lawyer about this kind of order my lawyer replied     yaar nango ka koi elaaj nahi ho sakta hai.  mr. vashista if you believe on me and have some knowledge about this kindly enlight.

 
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Can Husband file Civil Injunction section 39 against wife to not enter husbands own flat? Husband is ready to pay rent to wife. plz advice me.
 
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