LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Urgent- can wife enter matrimonial house forcibly and stay

Page no : 2

veedu (-)     08 April 2017

U meninists dont have any other work! as long as the marriage subsists WIFE CAN ENTER ANY HOUSE WHERE THE HUSBAND RESIDES. Marriage is the only prerequisite here. 

Significantly, even before the enactment of the Protection of Women from Domestic Violence Act, 2005 a Division Bench of the Calcutta High Court in its decision reported as II (2003) DMC 809 V.Mala Viswanathan v. P.B Viswanathan, unequivocally observed:-

―...Once a person becomes part of a house by reason of marriage, her right to reside in her matrimonial house cannot be denied...‖

Period. Batra vs batra is very very different where the husband Batra guy has gone somewhere and taken a rented house. If the good for nothing husband guy stays in a house the wife can enter, stay sleep eat in the house and no one can stop her. Nonsense answers by Shonee and Nadeem. You will marry a lady and for each and every marital obligation she has to get court order? 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 April 2017

A wife or rather any person cannot be arbitrarily thrown out. Whether a wife, who presumably on her own was staying away from her matrimonial home, but suddenly returns and re-enters the matrimonial home, has such right of re-entry will depend on the history of the case. Basically the husband has to accommodate her in the same house as himself or give her alternative accommodation. Even if the divorce is granted the ex-husband has to gove her accommodation.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register