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lawagaintmen (xyz)     14 January 2014

Urgent- difficult ques

hello friends i m looking for a answer dont no offense every lawyer is giving different advice. i need to know what a wife right on matrimonial home. can she leave the home on her will and whenever she feel like can enter the home? if dv is going on can she enter the husband home even if orders are not pass? and can she forcefully enter where husband is staying even at her mil house? please experts help


 14 Replies


No she can't  enter forcefully in MIL house or even in husbands house forcefully if the matter is subjudice and prior to any order from court.

IF she do then this is illegal. you can book her U/s 441/442/452 of IPC for illegal trespassing with criminal approach to cause damage/insult/hurt. For ref. go through my blog where I have already posted a Judgement on such issue and this act done by wife comes under the ground of divorce too.





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1 Like

lawagaintmen (xyz)     15 January 2014

thank you for the ans. what if no case is running no dv no 498a no trasspessing and not even divorce case. basically 13b was cancelled so in between this time can she enter the house? by saying no case is running i have right i dont know i m in difficult situation and no idea of what my wife next move will be

T. Kalaiselvan, Advocate (Advocate)     15 January 2014

I think I may have to disagree with the opinion of Mr. Savour on the subject issue.  She is still his wife and she has every right to stay in her matrimonial house, be it her mother-in-laws' house too. She is his legally wedded wife, the case is going on in the court and is pending trial so has not lost her status as wife nor she has been restrained by any court to enter and stay in her own house after marriage which is called as matrimonial home.  It will not amount to an act of tresspass.  The question of sub-judice or lis-pendens will not  apply to this issue.  therefore my answer to the querist is 'Yes".

Sri (Manager)     16 January 2014

@kailasevan sir ..sir what if husband shifts to a rented house during dv and wife enters the rented house without any residence order ?can she be booked for trespassing ? 


@Adv. Kaliselvan,

I don't think you are fit for passing lawman type comments without reading the case Law. For your kind ref. I am posting two Judgements Kindly go through that and both are Land mark judgements.And again for your kind information I would like to brush up you that A wife's Marital Home is such place where his husband is residing currently.So,once husband is not having his own property and residing on rent or a member of a family where he is living on the mercy of the title owner who is sole owner of that house.Such places are temporary Residence and at any moment order could be vacated.

That's what I have already put two judgements of SC and HC and I will feel Pity afterwards if you acclaim yourself as superior to SC and HC.So it's time to reload yourself on Family Law.

You have rightly pointed me that fighting a case has made you to invent new things and your services would be taken by others but what I am seeing here that Lawyer is taking such services .....

And one more thing You always make a side by putting silly comments on Biased Law and you never attain the discussion after my answers on your such comments.I hope you would answer my all questions wherever I have crossed You..So,next time don't run away by simply putting biased comments here or at least on my threads. If you want then please continue the discussion and not here but on all the posts where you have put your half fried/half baked/half boiled comments..

@ Lawgentmen,

If you are not residing at your Mother's House and that House belongs on the name of your Mother then she can't claim Right to residence.Read the below judgement of Supreme court.

the wife is only entitled to claim a right to residence in a shared household, and a `shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. The property in question in the present case neither belongs to Amit Batra nor was it taken on rent by him nor is it a joint family property of which the husband Amit Batra is a member.

Go through the link to read the full case Law:,

Wife Can't claim Right to Residence In Mother In Law's House if that house belong to whole and sole on the name of MIL.

and one another judgement:

Go through the link:


thanks & regards,


lawagaintmen (xyz)     18 January 2014

@saviour thank for ur help but your advice is not at all helpful to my ques my ans is that i m living with my parents at my mother house. Its not a joint family house nor it belong to me but i m residing thr so please help me according to that. I m getting confuse you are not getting my point and every case is different at batra case husband was living in different house for years but right now. I m living with my parents abd she has proof of that my mother statement 

sandykrish (Interested in Family LAW)     18 January 2014

@querist we here at forum give you lawyer management training  ESIS has rightly pointed you to move into rented house for some days such a dull headed people even after seeking assistance pre emt decision. Sorry to say that your fear is making you and reduced your thinking hat. If you still not satisfied with the answers spend money and get a good lawyer who would do nothing than what we are suggesting.


A/T your PM/query

Note w/ref. to your confusion:-

I have already pointed you what you have to do but i think you are confused and highly frightened.So remove all these as no need to worry. Simply make yourself away from your mothers house.Take any alternative dwelling on cheap rent. Then she can't claim RTR in you Mothers house.She has the right to live where you are living as that will become her marital home. But again it's your wish to live with her or not.If she will file any DVA case for RTR then until and unless an order from court she can't forcefully enter into your home where ever you will live at that time and if she do then it will count under illegal acts as she is interfering in subjudice matter before any order been released. Once you vacated your mother's home,ask your mother to file civil suit of Injunction on her and pray for interim relief.And in this no need to make you as respondent in her petition,that will be only for your wife/In-laws.

At above what I have all ready suggested you through all example by citations and case law.Now,it's up to you whether you have grasp the legal point of view or not.



Last Reply..!

fighting back (exec)     19 January 2014

rightly said by sandykrish to querist............even after a detailed explanation by sufferer, he is not getting any head and tail out of it...............

fighting back (exec)     19 January 2014

a very detailed and well explained reply by sufferer to the queriest along with cititations..........if the queriest still doesnt understand...........then maybe he should bang his head on the wall..........:D

lawagaintmen (xyz)     19 January 2014

@saviour-@fighting back-  mr savious you are not understanding my simple point of you and kept on saying your explanation subjudice - no case is running right now  what court of contempt. she is not filling any case and she is saying she will come and live where i m livving and i cant deny that its dv. im  sorry to say but i found senior advocate advice more perfect because even my lawyer is not listening to it he is saying every case is different. anyways thank but i think please understand the exact case- n ocases are running right now and what if she will come with a police to enter the house.and yes i m frighten beacuse i know my wife can do that and may be  you guys are lucky your wives dint take this step. 

rising up again (FFF)     19 January 2014

lawagaintmen @ you saying no case is running and you want to throw your wife out of your home ??

you can always do that, but then your wife can take any action she wants to !! she as ur wedded wife has full rights to take a shelter from you. owned or rented, a house for her to live is your responsibility.

now, if you throw her out when the house is owned by your parents.. she cannot enter thr but  she can always ask for a shelter in court and you will have to arrange it , where ever you living). and to avoid bringing to this home..you may...take a house on rent...and keep her thr.

These problems vary from case to case and have to be handled accordingly and very smartly. consult many lawyers... when very confused. read as much as you can on the net and these forums... am sure you will find a way...


ALSO, if you want all to happen without any trouble....thats impossible !!!  she will also take al actions / measures against you so be prepared to be strong enough to face it . ALL SENIOR MEMBERS OF THIS FORUM WHO HAVE GIVEN REPLIES ABOVE ARE VERY EXPERIENCED AND HENCE YOU NEED TO RE-READ THEIR COMMENTS AGAIN AND AGAIN TILL YOU GET THE RIGHT MEANING OF IT. AM SURE YOU WILL SEE THE LIGHT.....



lawagaintmen (xyz)     19 January 2014

Thank you for the reply no she is not living with us ahe left the home ten months back but now i fear she can come back

rising up again (FFF)     19 January 2014

TWO things..

1st - if the house is not in your name , she cannot enter the house legally. she wud ask the courts for a matrimonial house and maintainenece, which can be handled by your lawyers. in that case, you may tk up a rented aprtment and make her stay thr. also, to avoid being a culprit in front of law...hire a small house so that u can keep the agreement with you as proof and tell the courts that you offered her a house, but she nvr wanted to stay in a small house. You dnt earnmuch and cannto afford a big house on rent, hence she left you...rather than you throwing her out. ........... this was the court wud order to stay in that house or stay on her own...but wud not make send her to you current house.


2nd - your parents complain against her in police and then in courts that he harasses them mentally , verbally or even physically. then police and courts wont send her to their house.




best of luck....