yes the same as suggested by you can be done.

Since the court has not interfered with the ex-parte order therefore, the ex parte order holds good and the ife has the right to enter the house and stay there.

You may now approach the police with the copy of the ex-parte order and the copy of the order of the HC.

Also, since the FIR has not been lodged by the police until now you may settle the matter of accessing the house them and there itself.

Regards

To correct way to get this done, would be by way of lodging a FIR against your husband and in-laws under section 406 IPC. This way, you can recover your streedhan.

“No conceive actions be taken against the Respondents to implement the aforesaid Ex-Party Order”- This is sufficient excuse for them to not comply with the order permitting your residence in the shared household. After this, you cannot forcefully enter the shared-holder and continue to reside there.

Another option for you is to challenge the HIgh Court order.

1. The high court has not set aside the order of magistrate and there is no issues in implementing the order. The wife can insist on opening of locks in her presence.

2. So the wife can stay in the premises as well including ousting her in laws.

4. As per the order of high court the police can not throw away the in laws to let the wife inside.

1) wife can approach Police and hand over keys of the flat and request flat be opened in her presence

2) wife has right to stay in matrimonial Home

As it is her shared household

1. Her locking the house may not be the ideal step which would have been suggested to her in the given circumstances.

2. Instead, application should have been filed before the magistrate for breaking open the lock of the front door of the house. (It should have been included in the said Order allowing her staying in the said house itself against prayer made by her well anticipating the trick played by her husband and FIL)

3. However, since the High Court has not set aside the order passed by the lower Court, she can ask the police to allow the door to be opened in your presence to ensure that you can enter in to the house and start residing there.

4. I have my doubt that they will ever like to open the door and the said order has been availed to ensure that their lock is not broken by you which will be considered as a coercive action by you. It is indeed a smart move by them to counter your putting lock on the door over and above their lock.

5. You can file a petition before the said High Court praying for a direction upon them to open their lock to enable you to enter in to the said house for staying and in case of failure, you can break open the lock in presence of police to enter the said house.

Hi,

The High Court order giving the relief to the applicants does not mean that the setting aside the decree for living in the same house.

She can file a writ partition against the Hasband and his parents to allow her to live in the same house.

Hi

Putting a lock on house and then handling the keys to police is also not a legal step to take.

Your main objectives are :

1. Recovery of stridhan - this should be achieved by the court orders with the help of Police. Then it would be the task of Police to get your stridhan recovered.

2. To reside in that property - let me make it clear as social point of view. After this much dispute and court cases there are no chances of a healthy relationship between the husband and wife so you should not look forward to stay in the same property where husband is staying as it will only give rise to disputes so better move on and think of life ahead. Now legally - leave the scene of putting a lock and all simply file for the execution of the court orders and the authorities will help to put the wife in the house. Still no benefit then you can opt for filing a contempt of court.

Thank You

Wife can stay in shared house

Hello sir, why don't you brake the lock and take out the medicine .. Let them file contempt of court , they will never be able to prove the misconduct

Can Wife approach Police and hand-over keys with condition that the Locks of shared house must be opened in front of her so that she can take out her streedhan

And when the House is opened then she has to enter in the house to take her streedhan And once she enters in the shared house then she will stay there only in pursuance of the Ex-Party Order passed by the Magistrate

The wife can very well take the assistance of police to break open the lock put by her husband in the shared household if she had obtained an order from court for this.

Her lock in the already locked house may not fetch any releif to her.

Her father in law's claim for medicine inside the locked house after six months of being locked is unjustified because the medicines would have even expired hence his complaint do not have merits, the wife can argue before court on that count too.

The wife can execute the court order obtained in her favor, the reason for her hesitation is not understood.

1. Police has given the same advice as was given in my earlier post.

2.The wife should file the application before the Session Court now since the pending 482 application has already been disposed of by the High Court.

The wife is having an exparte order.

There is no stay or reopening petition pending agaisnt this exparte order.

If that is so then she can file an EP to execute the orders of the court, however since this is a criminal case, shen can file a petition seeking police protection/assistance to execute this order by herself.

She has to to file this petition before the trial court only and not before appellate court.

Police is absolutely correct as matter is sub judice

2) in such a case Police would not intervene and request you to obtain court orders

3) wife should file application before magistrate where DV case is pending