Barring my wife's entry in my house.
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.
Asked 5 years ago in Family Law
Religion: Hindu
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.
Asked 5 years ago