How to move my wife out of my parents' house?
I got into an arrange marriage about 7 months ago. But from the day one, my wife had irreconcilable differences with me and my parents. She works as a teacher. Things were getting worst by everyday, and i along with my wife decided to live in a separate rented house. the day i suggested, my wife has taken more aggressive stance. She insists that it is her matrimonial house and will have things her way. She has been intimidating and provoking, and taunts my parents on dowry and domestic violence laws. her parents have stop responding to our requests for mediation. Finally i decided to leave the house and has been living separately in a different house, but my wife is still living with my parents and has denied to leave the house and live with me.My parents had approached the police but they are unclear about the law in this case. the house is owned by my mother.Please suggest how can we enforce her legally to move out my parents house.
Asked in Family Law from New Delhi, Delhi
1. It is difficult to take your wife out of the house with out due process of law,
2. Your mother should file a DV case against your wife alleging that she has beated her,
3. She should also repeatedly lodge police complaints against your wife,
4. Finally eviction suit shall have to filed against your wife.
1. Police cannot evict your wife from her in-laws' house. If the house wherein your wife is residing is owned by your mother then she may evict her by filing a case for eviction against her daughter-in-law in the court. Under the Indian law a female has no share in the property of her in-laws. So she needs the permission of your mother to even stay in the property owned by her.
2. Since your wife has threatened your parents to implicate them in false cases it will be prudent for your mother to immediately commence the legal process of evicting your wife from the house, failing which your wife may be able to make out a case for domestic abuse against your parents which may make make matters difficult for them.
1. Your wife has no right over the house owned by your parents.
2. You parents should file a case of eviction against your wife. That is the only way she could be ejected form house.
3. You parents can also file criminal cases on criminal intimidation, defamation etc.
4. These cases shall have repercussions like cases u/s 498A IPC, u/s 12 of PWDV Act etc. So be prepared for this.
1) your parents should record all the threats received from daughter in law .
2) the audio and video recordings will help your parents in filing a case of criminal intimidation against daughter in law .
3) daughter in law has no rights in house belonging to mother in law .
4) if your parents are senior citizens best option is to move senior citizen tribunal and obtain a protection order against daughter in law . they can also obtain injunction restraining her from entering the house .
5) in alternative they can file suit for eviction against daughter in law
Your wife has no right over the property of your mother. Your mother needs to file a complaint against your wife if she is threatening to file false cases against them. Your parents need to approach the police and seek their help as well. In all this scenario, you need to stay home to protect your parents further.
With regard to removing your wife from the matrimonial home, since the property is in the name of your mother, she being the owner can file a suit for eviction against her daughter in law i.e. your wife.
It would be a futile exercise in the eye of law If you try to evict your wife out of her matrimonial house.So,think twice before going to do so.
if your house is built by your father out of his own income then it is called his self acquired property and he has absolute right over it. your father is ostensible owner, that property is in your mother's name so your wife can't claim her right in that property. your mother can publish a declaration that she disowned he daughter-in-law from her property and all relations. when your wife will know it then it may be possible that she is ready to compromise.