• May I stay in my in-laws home being husband legally

I am having dispute with my wife since initial. Having a son kid 5 years. Total marriage time 6 years. Both having 2nd marriage. Now despite of dispute, my wife stays within my father's ancestral house where I, wife, my father and son stays. Daily querrell happens. And my in laws are not cooperating and saying word to her. So, I only know what I'm going through by seeing my father getting through such trauma daily. As a remedy, I want to stay at my in laws house so they can also come to know how our relation is and what to do next if they also see our disputes and disengagements in small matters in routine life. So, my queries are

1. Can I stay at my in laws house along with my wife inspire they say no. Because if my wife has legal right to stay in in laws house then being other life partner and husband of her, I too can stay at her parents house.

2. Can there be remedy like, staying 15 days at my place and 15 days at her place, in case they don't get agree. 

3. In case, they reject both options, then may I by any means go and start staying there.. I mean by police intervene or court intervene.

4. What if I start staying out of my house, in a room, then will my wife be able to force me to stay with her..what if I stop paying her monthly pocket money and keep paying other home routine cost to run their lives....and what if I stop paying all expenses. What can be her reaction. How can I respond.

5. I have given written complaint in police 3 days back, when my father in law used foul language in front of mother in law with in their house when I reached to discuss this issue, but he out rightly rejected and given me death threat. So, what can I do next once police will call both parties to give statements. How can I use this in future in divorce case. Along with this, should I being husband file divorce petition basis mental cruelty and this death threat given by father in law, I don't have proof anyhow. I can just explain.

6. May I go abroad to study and abroad parellel when I file this petition or this complaint related issue is going on.

I have called 100no for police help couple of times and have given written complaint during such disputes in last few months.
Asked 8 years ago in Family Law
Religion: Hindu

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12 Answers

1) wife cannot claim any right to stay in house standing in nms of her in laws

2) you also cannot claim any such right

3) you would not get any such rights by police or court orders

4) if you fail to pay maintenance wife would file application under section 125 cr pc and seek maintenance from you

5) she can file DV case seek maintenance, alternative accommodation from you

6) you can file for divorce on grounds of mental cruelty

7) you can lodge complaint against FIL under section 506 of IPC for criminal intimidation

8) you are st liberty to go abroad for studies by would have to remain present during trial for giving evidence

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. If your wife or in laws donot agree then you can not or should not stay in her house at all.This wouldn't help you at all.On the contrary stay in a separate accommodation to let your parents escape from her torments.

2.Same as above.

3.Forget this idea,I wonder what is prompting you to have this idea at all. This would rather strengthen her case for demand of dowry.

4. If you do not give her property accommodation or monthly maintenance she can file case under PWDV Act to seek both maintenance and residence order.

5.You can lodge complaint with police about such death threat or verbal abuses.You can file criminal case also on the basis of this occurrence.

6.Yes,you can. The written complaint lodged with police will help you if your wife files any complaint later on.

If the marriage does not work think in terms of mutual divorce.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You mention only the incident .It is enough than having nothing in your favour.

If you think there is no scope for reconcilation then only file the one.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) request police to file FIR against father in law for criminal intimidation

2) mention date and time of incident

3) in case wife files complaint you should in response State your side of story

4) you can file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1.It is not a fact that wife has legal right to stay in in laws house. The fact is that wife has the right to stay at the house where her husband resides. In the instant case since you ae residing with your parents, she is staying in your father's house.

2. & 3. You can not insist for staying in the house of your in laws without their consent or against their wish..

4. You should take up a rented accommodation rear your father's house and inform herthe same and if possible, shift there along with her.Ask your father to lodge a police complaint against her alleging physical assault and thyen file an application for and avail a stay order restraining her in entering in to your father's house since you no longer stay there. If she does not vacate her in laws house even after your leaving that place, your father should file an eviction suit against her. If you stop paying her or reduce the amount being paid to her monthly, she can file a petition u/s125 of Cr.P.C. and claim maintenance from you.

5. You can file a divorce petition against her on the ground of cruelty submitting evidence i support of your allegation. Without valid evidence, no allegation will be accepted by the Court.

6. You can certainly go abroad till there is a court order restraining your foreign visit for any purpose.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.You should first collect evidence in support of your allegations leveled against your wife through audio/video recording her conversations. Thereafter you can lodge police complaint against her.

2. You should file a divorce suit against her on the ground of cruelty based on the evidence collected by her.

3. Without collecting proper evidence, do not submit any 'Nivedan' to police making complaint against your wife since it will be of no use for you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can file the divorce suit now after collecting the evidence of her cruel acts as suggested in my earlier post.

2. It can be done while filing complaint before the police against her.

3. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1) you have to prove allegations made in divorce petition to get decree for dissolution of marriage

2) wife refusing to have sex amounts to mental cruelty

3) you can by your testimony prove allegations made in divorce petition

4) continue with your complaint of criminal intimidation

5) mention date and time of incident

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. For filing a divorce suit, you shall have to show ground for seeking divorce which will be acceptable ground as specified in the Act It means that you should have some allegation against her for which you will seek the decree of divorce. Without having any ground you can not get the decree of divorce unless it is mutual consent divorce. Now, if you show some ground by putting some allegation against your wife, then you shall have to prove your allegation with supportive documents/evidence, otherwise your allegation will not be accepted by the Court and your case will be dismissed for want of evidence. This is the basic foundation of law which you shall have to follow.

2. Audio/Video all her such conversations and also the conversation wherein she admits that she refuses having s*x with you. This act of her will be considered as an act of cruelty on her part.

3. It will not be prudent on your part to continue with your complaint unless you can prove it with evidence. Without any evidence, police also will not act against them in any way based on your complaint.

4. Better start collecting evidence in the form of audio/video recordings and after collecting evidence of her acting cruelly against you, file the divorce suit on the ground of cruelty duly submitting evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You dont have rights to stay in your in laws house.

She has rights to stay in her matrimonial house and not in her in laws house.

2. There is no room in law for such fancy ideas.

3. You cannot stay they there by force, in fact if they lodge a complaint then you will be in trouble.

4. Your wife will continue to stay in your parents house saying that it is her matrimonial house.

If you stop giving maintenance amount then she may file a case before court seeking maintenance from you.

5.You cannot visit his house and pick up quarrels

In my opinion, it may not be possible for the police to book him under any name because if your father in law lodges a criminal complaint against you for creating nuisance by forcibly entering into his house then you will be in trouble.

6. Yes you can go to abroad but you may have to be present during trial.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

What should I say to police when they ask me to write 'nivedan' reg my complaint. I don't have any proof. I can only explain the incidence

You can narrate the incidences in writing to the police

What will happen next once nivedan of mine is taken.

The police may file charge sheet before the concerned court.

What should I do parallely in case my wife or in-laws say I did also intimidation in reply to defend.

They may spring into such shocks very often, however you have to be watchful about it.

Should I file divorce petition before this complaint is resolved. Should u send divorce notice right now parallel to this complaint or wait till it gets clear.

Taking steps to dissolve your marriage will be a good decision.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

You can file a divorce case on the grounds of mental cruelties.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

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