Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sri (Manager)     14 January 2014

Wife enters house forcefully

Wife had filed 498a followed by dv .In dv she has asked for maintenance and shared household .i sold the shared household and shifted to a rented house .wife barged into the rented house took away all the furniture and household appliances when I was out of town .what action should I take ?dv is at interim stage .



Learning

 6 Replies

M.Sheik Mohammed Ali (advocate)     14 January 2014

if any action taken by her it should be legally,

as per y our query its illegal, so you make complaint 

police station and concern Court. 

they will give direction and revert.

Rajeev Kumar (Lawyer/Advocate)     14 January 2014

As it is apparent from query that that no order have been passed in favour of your wife in 498A or in DV case. As DV is at interim stage, your wife is entitled for share household whether it is your own or rented as per as DV Act. Her forceful entry without having any order at hand is totally illegal. So file a complaint in PS.

Rajeev Kumar (Lawyer/Advocate)     14 January 2014

As it is apparent from query that that no order have been passed in favour of your wife in 498A or in DV case. As DV is at interim stage, your wife is entitled for share household whether it is your own or rented as per as DV Act. Her forceful entry without having any order at hand is totally illegal. So file a complaint in PS.

Avadhesh Paliwal (advocate)     14 January 2014

I agreed with sheik m ali sir

lawagaintmen (xyz)     14 January 2014

i think wife has a right to enter where husband is living so even if order is passed or not you cannot proof it ill legal. 

Q Slinger (NA)     14 January 2014

I came across a similar case but the guy had won the DV case against his wife. Yet she barged into his house without any order at hand. The guy tried to file a complaint in the police station, but the police would not take as they were under pressure from mahila sangams. He went to ACP, DCP, CP but no relief.

 

Finally, we suggested he approach Human Rights commission. That did the trick. The human rights commission gave an immideate direction to the cops to lodge a complaint and take the necessary action against the tresspassing wife! 

So if all else fails, do approach the Human Rights commission. The above is just for your information. 

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