• My parents disowned me and my wife but wife don't want to leave house.

The situation is .
1. my wife fights with my mother on very small issues and speaks very loudly in bad manner.
2. Me and my wife fights on regular basis because she doubts on me and put allegations of harrasment on me and my parents of any kind without listening, understanding and trusting anyone. She thinks whatever she is saying and doing is write.

Now, my father filed case for vacating my father's self aquired property because we are not living them peacefully. On 25th January, 2018, We have to appear in court. But in 25th of morning my wife called police and registered complaint against my father and me. She herself cutted her foot and showed to police that i did this to her and my father beated her with stick....so police said you first go and appear in court for father's filed case and then come to police station.
In court, she herself hired an advocate without my knowledge and we both appeared in court, 
She said to court that "Dekho mere husband ne aaj subah mera pair mein mara khoon nikal gya. I said she is lying we didn't done anything.". Judge said to me "Aap wife ki side ho ya parents ki side." Then her advocate said please give time for submitting documents.and judge gave 8 february time for collecting documents.

Now, we came to police station, Police said we will file case and show you in front of commisner. But after 4 5 hrs police mutualy solved without filing case. First my wife said "Pehle mere father case wapis le to main bhi case wapis le lungi. but after more discussion.  My wife agreed and written statement that "Main isi ghar mein rehna chahti hu with my fathers address or isi ghar mein rahungi. Or 1 february ko mere husband marriage register karwayenge or 2 february ko aake main police station aa k bataungi ki shaadi register ho gyi hai. Or main apni complaint wapis leti hu."
We both signed that statement.

Now please suggest what should i do. My wife doesn't listnes to me. She hired her own advocate and trying to prove that my father and me are planning for moving her out and thats why don't want to move with husband on rented house. How to get out of all this i don't know. Please help.
Asked 1 year ago in Family Law from Faridabad, Haryana
Religion: Hindu

The decision of your father to disown you and evict you and your wife from his house is his independent decision; and neither you nor your wife can influence him.

Therefore any compromise in the Police Station should be based on settlement conditions which you are in a position to fulfil. Thus, you endeavour at this stage should be so as to ensure that your wife withdraws herPolice Complaint.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

It is your father self acquired property

2) you and your wife have no right on said house

3) your father can seek court orders to direct you and your wife to vacate portion of house under your possession

4) seek permanent injunction restraining both of you from disturbing his possession of house

5) shift to rented flat

6)as far as false case is concerned if your wife does not withdraw the case apply for and obtain bail contest the case on merits

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Hello,

I understand the situation that you are in. More than a legal dispute this seems to be a problem between a husband and a wife. Try and talk to your wife, and if she is not ready to listen to you then engage the services of some family counselor.

If she does not changes then you may go ahead and file a case of divorce on the ground of cruelty.

regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

As per S.17(1), the wife is only entitled to claim a right to residence in a shared household, and a `shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member.

The SC through S.R. Batra And Anr vs Smt. Taruna Batra on 15 December, 2006 has held that the daughter has no right to disturb or reisde if the property belongs to the parents-in-law.

Rajaganapathy Ganesan
Advocate, Chennai
1519 Answers
8 Consultations

4.9 on 5.0

How long have you been married?

If it is less than one year then you cannot do anything about having a dispute filed in the court with regard to your matrimonial issue.

Instead of having peace disrupted at home due to her constant quarrels and nagging, you better start living with her outside your parents house on a rented accommodation.

If she is still behaving in the same manner and not understanding then you can inform her parents about this and it you dont get any response from them also then you can file a petition for judicial separation before court.

You can take her to a marriage counselor and get her counselled if possible.

The issues are still under your control, so you can tackle them before it is blown out of proportion.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Firstly, let me make you clear that after attaining age of majority you have no legal right to live in the house of your father. You can live in the house till your parents allow you to live. You and your wife do not have any legal right/document to claim that you are the owner of the said property. You wife is insisting to live in this house as she is planning to harass you more in the long run. Be aware. The statement made before police has no meaning. Go and hire your advocate. If the marriage is not registered yet, no need to register now. It is better to hire a house on rent and submit the rent agreement in the court that I have left the house and make statement that you would not enter in the house of your father in future. Thereafter no need to appear in the case. Now, whatever rights of accommodation is available to her is through you. In case she loves you she would join you in your rented house and in case she loves the property of your father, she will not .

Dalip Singh
Advocate, New Delhi
490 Answers
9 Consultations

4.9 on 5.0

No, such order can not be passed.

You may contact some advocate based in Faridabad, who is there on this portal.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

It depends on how your father is taking up the case.

You can take an interim injunction restraining your father from forcibly evicting you from the house till the disposal of main case for the reasons you rely upon and present before court..

This is nothing but development of trivial issues.

An intelligent and prudent approach would bring solutions to this temporary issues.

You can engage the services of a lawyer form your place whose name appears in this forum or look for one at your place in the local.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

It is your responsibility to maintain your wife

Shift to rented flat with your wife

Number of lawyers on this website from Haryana contact any of them

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Respected sir ...

Entery of your wife in your house is done just because of your marriage she is directly associated with you ...In the Legal view it's better for you to keep cam in this situation else your mother have option available to file a case against your wife Under section 12 of Domestic violence act ...Sir the best option will to convince your parents to not do so but if they don't agree to you then you have option available to go as per there direction ...In future your legitimate child will have right in the ancestral property .....

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Register your marriage

Even if marriage not registered it does not affect validity of your marriage

Your wife can rely upon marriage invitation card , marriage photos to prove the marriage

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

What is stopping you from registering the marriage once it has been solemnised properly.

Even if it may take time to register the marriage, you give an assurance that you will do it soon when the circumstances will be favorable.

You must say her that whether the marriage is registered or not the marriage is legally valid and she is your legally wedded wife.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Court cannot compel your father to keep you and your wife in his self acquired house. He being the absolute owner of his property is free to take a decision as to who to be let-in and permitted to reside in his house.

If you taken a final decision to come out of your marriage and if you see no scope of improvement in this relationship, you may apply for a divorce.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Registration or non-registration of marriage is not going to make any difference.

You may apply for divorce without applying for registration of your marriage.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

1. The suit has been filed by your father to evict you from the house. If it is his self acquired property then court will eventually decree it in his favour as you cannot reside in father's property without his consent.

2. Police has no authority of law to evict you from the property.

3. It is not clear from your query as to whether your father has sought any interim relief too from the court. You may file a suit for injunction against your father to restrain him from evicting you.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

Respected sir..

. Both of These are seprate issue and nowhere connected with each other ..In past times no person did not registered there marriage to ragistrar office it does not mean that there marriage was not consummated....You need not to worry in this case ...

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

If you are married as per the Hindu Marriage Act, then it is not mandatory to register.

Rajaganapathy Ganesan
Advocate, Chennai
1519 Answers
8 Consultations

4.9 on 5.0

Hi

First please make it clear that you are on the side of your father or your wife or you are mutual and want your personal peace.

I would suggest you to vacate your father's house and file a divorce case against your wife and for sometime find a rented accommodation for yourself. Once you are divorced then you can move back to your father's house (have a talk with your father about this).

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

1. You have not made proper plan before your father had filed the eviction suit against both of you.

2. You should have taken up a rented house in your name and asked your wife to join you though it is known that she will refuse to come with you.

3. Thereafter your father should file an eviction suit against your wife only and if you are dragged to the Court, you should give statement that you want to live with your wife at your rented house since your father does not want you to stay at his house.

4. At the present circumstances, she wants to get the marriage registered first and thereafter if she does not withdraw her complaint, you can do nothing.

5. However, after she withdraws the complaint, let your father withdraw his eviction suit and thereafter you take up a rented house and follow the procedure detailed above step by step.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

1. The house belongs to your father and he can ask both of you to leave his house.

2. Court can not compel your father to allow both of you to stay at his house.

3. However, if the Court feels that your father's said eviction suit filed against both of you is for evicting her only then the Court may dismiss the case.

4. It all depends on what type of arguments your father's lawyer places before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

1. If you register your marriage now, then in case of filing divorce suit, if any, you shall have to wait for one more year from the date of registering the marriage.

2. It is not understood as to why does she want to register her marriage after 1.8 years of getting married with you.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

The registration shall not make much difference at this stage, if you have been married as per the Hindu Rites and rituals then the same will remain to be a valid marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Hi,

Your father is independent and free to allow or disallow both of you to live with him . The law is in his side as the property is self acquired and he has filed the petition in the court to disown you from his property and responsibility.

Your Wife must understand the situation and get your father agree to let you live there.

You can not force him to do so on pretext of the complaint in the police.

If he moves the writ in this regard in High Court this will create lot of people for both of you.

Just think with open mind and decide please .

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

Section 12 of Hindu Marriage Act says annulment of marriage on the ground of impotence .you can not file petition on the ground of nonconsumnation of marriage.

Nishesh Chandra
Advocate, Siwan
3 Answers

4.0 on 5.0

If the said property is her shared household she has a right to reside only at the said place. She doesn't have any right to title in the self acquired property of the father in law. But if she disturbs the harmony then she cannot live there if your father in law doesn't allow her. She needs to maintain the decorum of the house and stay there legitimately.

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

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