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Anand Raj   03 January 2018


I have filed divorce on cruelty and dessertion, after she left me 2.5 years, once summons is issued to her, she did not receive that, instead she went to my parents house( which is in different town), broke the house lock and entered inside and started residing there, the house is my father's self acquired property, when we went to give complaint on trespass to police station, they did not take instead they say she is ur family member in this condition as per law what is true? Will it be a trespass or not? Pls clarify


 3 Replies

Nitish Banka (lawyer)     04 January 2018

Dear Anand,

Your wife has a right to reside with you and does not have a right to reside at your parental house. however police citing matrimonial dispute does not register case in such cases. the only remedy you have is file a case of permanent and mandatory injunction which has to be filed by your parents.

Adv. Nitish Banka


P. Venu (Advocate)     04 January 2018

The Police cannot refuse to register the complaint. If so, approach the Jurisdictional Magistrate.

Anand Raj   05 January 2018

Complaint has been taken now but no action has been taken so far, if ask police says she is family member, so they cant vacate her and if family member that is not crime it seems ? Pls clarify

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