I caught my wife 1 year ago in a guest house red-handed in company of a boy. My father immediately filed a case barring my wife's entry in this house (permanent injunction) suit (house is in his name and I stay along with him). I also in parallel filed a divorce case on the grounds of adultery committed by my wife. My wife has been staying with her parents ever since she was caught. We have 1 kid, he is in my custody and my wife has no interest in keeping him. I deliberately dragged the divorce case as I hate my wife and got it dismissed as I stopped going to court. Regarding my father's suit, an interim judgement under section 49 (1 and 2) was passed very recently stating that my wife's entry can't be restrained in this house as I am staying with my parents and that neither I am seperated nor I am divorced. Next date is in January end. What can be done now so that my wife is not able to enter my home. This query of mine is absolutely pertaining to stopping my wife's entry in my house and not pertaining to my divorce. Please reply in that context only.
Hello,
Interim order has not been passed that means that wife can enter the house. Ask your father to make a publication in newspaper that he has no relation with you. You get a rent agreement stating that you are living on rent and file these before the court and file another application for interim stay on the ground of changed circumstances.
Regards
Hi, you should temporarily shift from your residence ..If the house is selfacquired property of your father, she cannot enter his house
Dear Client,
Order is illegal, it`s your father house, he can restrained any to enter in his house. This reasoning ( staying with my parents and that neither I am seperated nor I am divorced.) is irrelevant. File appeal.
Since she is still your legally wedded wife she has all right to stay with you wherever you stay.
But what you can do is take a small room or house on rent and for all official purpose show that you are staying there. Since the present house is in your father's name she cannot come there as you are not residing there officially. She can come only to the rented house. You can still stay with your father and no-one can stop you.
Having said all these, you can be fully safe only if you divorce your wife. But since that is not the option you are looking at, I don't want to elaborate on it.
Sir,
Regarding restraining wife from entering your parents home, shift to nearby location where you can meet your parents but she cannot claim rights in matrimonial home.
Also file a domestic violence case pararelly staying endanger of your life and liberty so that doesn't interfere in rented home too.
Dear Concerned
Your father need to file an appeal against the said order as the said order is bad in law. that's his house and he decides who stays their - before that it is advised that you may choose to stay outstation or out of your fathers house and your father states that your / his son does not stay with them. You may also sign a rent agreement etc and may use it at a later date.
This need to be done before the next date in january......
Best of Luck
Order states - : It is admitted by both the parties that the marriage between the plaintiff's son and defendant is still subsisting and defendant is residing in the suit property as daughter-in-law of plaintiff. She has been residing in the said suit property alongwith her husband. Hence, suit property is matrimonial home of the defendant. Therefore, defendant can not be restrained from entering into the suit property. The present prayer is accordingly declined. In view of above discussion, application under Order 39 Rule 1 and 2 of CPC moved on behalf of plaintiff is partly allowed.
As told above, father in law will have to file a fresh application on the ground of changed circumstances.
The order that has been passed is legal and suffers from no legal infirmity.
Regards
File appeal against impugned order as father is absolute owner of said house
Daughter in law has no rights to stay in house owned by father in law
She can at most seek alternative accommodation from you
File an appeal against the present order and also file a police complaint.
Your wife is not residing in said house
You have in your query mentioned that she is staying with her parents ever since she was caught
She has no rights on property owned by father in law
If you had share in said house wife could claim right to stay in said house
Dear client
If you want your wifes entry barred in your paternal home then you too will have to move out from that house and shift to a rented accomodation. Else no way out because till the time she is your legally weded wife by law she has the right to stay in the house where husband lives and that right cant be denied to her till you get a divorce decree.
Adv vikas
Yes as you are living with your parents The Suite property is a matrimonial house for your wife in that case it cannot be restrained to enter her in matrimonial house as you are not divorced.
You need to go and live separate in case you want your wife not to enter in your matrimonial house and dismissal of the divorce petition will create another problem for you and you will be forced to to live without wife as your wife will not come back and you will not be able to go for another marriage
You cannot deny entry to your wife to a place where you are living, until and unless a decree of divorce or judicial separation has been passed by the court having jurisdiction to give such a decree as she has right to claim residence rights from you owing to the the matrimonial duties of husband towards his wife.
You can only succeed in getting an injunction order against her refraining her to enter the property in the name of your parents, once you find your own residence and do not live with them.
You can also offer before the court to pay the rent of your wife, if he is unable to maintain herself from our own income if you want to restrain her from entering your parents property.