Ritwik (IT) 13 October 2014

Separate residence issue

1. If my wife does not join me there stating it is away from city and small, can she stay in my previous home

forcefully? My mother is the owner of the house.

2. If no, can I take any legal steps against her?

3. Her parents already threatened me and my parents to put us behind bar. Shall I lodge a general diary for that?

4.What if she wants a separate residence for her only? Can I stay in my previous home and even then she can enter and claim rights there?

Regards and thanks in advance

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4 Replies

reeti shah (lawyer) 13 October 2014

Your wife cannot claim right in your mother's flat. Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

Vickey Seerapu (Lawyer) 13 October 2014

Yes, your wife can stay in your previous home. You cannot move away from home.

In legal you can take an action upon your wife not staying with you. Under section 9

prakash chandra jain (proprietor.) 13 October 2014

dear.a wife is obliged to stay with her husband and nowhere else, not at all in the house of other even if she is your mother. she holds house in her name means your mother is onwer. you may stay any where you like.if she is to live with you she will come or go anywhere for which you are free to take appropriate legal action against her. prakash chandra jain advocate indore free legal aid to needy call-09826779759.

(Guest)

Originally posted by : Ritwik

Because of matromonial dispute (kindly find the context in my previous threads) I am thinking of leaving my home (my aged parents will stay there) and take a rented accomodation as per mu bidget in the outskirt of the town.

1. If my wife does not join me there stating it is away from city and small, can she stay in my previous home

forcefully? My mother is the owner of the house.

If the said property is ancestral property, then your wife can stay in your mother's house. If not she can be thrown out of the house legally by your mother if she files a injunction in court of law giving facts of the case, property documents to show that it is a self-earned property. That's the only way to make your wife leave your mother's house. Legally your wife should be staying with you. You should also be filing a RCR petition in family court asking her to come and join you at the place which you are residing at present.

2. If no, can I take any legal steps against her?
Replied above.

3. Her parents already threatened me and my parents to put us behind bar. Shall I lodge a general diary for that?
Before it was easy to get parent in-laws arrested under dowry prohibition act ie 498a, but now things have changed and you need not have to worry, arrests cannot be made and you can relax. First file the RCR petition asking wife to come back as I have explained above, that will save you from a lot of trouble and also help you in getting you divorce in the future, if your wife does not listen to court orders to join you back.

4.What if she wants a separate residence for her only? Can I stay in my previous home and even then she can enter and claim rights there?
If she wants separate residence only for the purpose of living alone, it defeats the basic purpose of marriage. If that is her only wish, applying for divorce will be the only way out for you. IF you stay in your mother's house, your wife will also stay with you there; giving reason that husband stays there, hence I will also stay there.

Advice: If you want to trouble your mother,, then you can as well go back to your mom's house and stay, if you want your mother to live peacefully, then its best that you file RCR petition, ask your mother to file civil injunction asking court for orders to vacate your wife from mothers house, and ask wife to join you in new separate place in RCR petition.
Regards and thanks in advance