Dear respected lawyers/advisors, I am glad to have found this forum at my times of need.
I am married for 3 years, with a 2 year old girl child. My wife's behaviour from the time of marriage has been unacceptable and very sadistic. She gets into mood swings very frequently, and has never given us an opportunity for a happy family life. For the first year we lived in my father's house. She started quarrelling often and she hated everybody in my family. She instilled havoc into the peaceful living of my family. Over a period of time she demanded a separate residence. I therefore rented a separate residence 30 km from our house. It became very evident that she is unable to take up the daily activities of cooking and maintaining the house and the child. She has never gone to work but is a BE graduate. She stayed with me along with the child only for two months in my rented house and then left back to her parents house complaining of loneliness when I am away at work!
It has been six months since she along with the child left me to stay alone. Her father who had observed the anger problems with her took her to a psychotherapist (I had no role to play in this) and she is said to be suffering from Bipolar disease / extreme anger / Obsessive compulsion problems. The doctor put her on psychiatric medications and she has been visiting the doctor ever since she left me. Even though the doctor is instructing her to join me in my house, she is refusing to do so. She is not ready for a divorce. Even though I can wait for some more time for the sake of my loved child, there are newer problems that have arisen. She is demanding that she has the right to stay in my father's house (since she is the daughter-in-law) and she wants to bring up the child in my father's house. Whenever we try to convince her, she abuses my father and there are many incidents where she enters into my father's house with the child and she spends three to four days before returning to her parents. The situation in my father's place has become very sadistic, since she quarrels with my parents and abuses them. She also pathetically treats the child in order to hurt our feelings. There is no peace and calm in my father's place whenever my wife stays there.
I request your guidance in the following questions:
About my father's property: My grandfather had purchased a house (acquired). After his death, my father along with his two elderly sisters were the legal heirs. My father got release deeds from his sisters after paying them legally. My father recently got the old house demolished and built a new house in the same place. The property is in his name.
1) My wife demands that she has a right in my father's house. She says she can enter the house anytime and stay there for however long she wants. If at all she has a right to the property, can she demand residence/shelter in that house (even when the husband has rented a separate house)?
2) My wife claims that since the child has rights in my father's property, she along with the child will stay in my father's house and bring up the child. Is this claim legal? Can she reside there if the child has rights?
3) Can I or my father bring a Stay order from court to not allow her into my father's house? If so, on what grounds should we bring a Stay?
4) If I go for a contested divorce, after serving the notice to her, can she still enter into my father's house and reside there until the Judgement is passed?
I thank everyone for their helpful advice/suggestions.
