• How to stop my wife from entering my house forcibly

To my earlier question how to face my wife threats,It is answered that i cannot stop my wife entering into my houseas she has every right to stay at matrimonial house. I have already filed divorce in the family court snd it has to be numbered.
When approached Police they said they cannot interfere in family matti unless there is any court order .
Some lawyers adivced that I can file 
1. Injunction suite to send her back.So pl tell me under which section this provision is there.
2 to file urgent exparte ad-interim relief.pl tell me under whhich section this provision is there..
3. As she may take extreme steps like try to commit suicide in my house to harass me n my family members what precautions to be taken when she forcibly enter into my house .
4. What should i tell them which hesitate them to leave my wife forcibly in my house.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

1) install CCTV cameras in your house

2) record her threats

3) if house is owned by you then you cannot stop your wife from entering the house

4) if wife threatens to commit suicide file complaint with police regarding her threats

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If she really harassed on you and your parents you have to give police complaint against her and to file PCR u/s 200 Cr.PC with regard to harassment on you and your parents by your wife. If you are not do the job, you have to file case for maintenance against your wife under section 125 Cr.PC. and also simultaneously you have to file injunction suit under order 7 Rule 1 and 2 of CPC and to file IA for stay as per your query under order 39 Rule 1 and 2 of CPC . Your wife's rights will be different aspect, if she had, she can file separate case and not on claim her rights in these cases. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1. For the sake of it a suit for injunction can be filed but the courts do not oust the wives from their matrimonial homes. A suit for injunction is filed under Section 9 CPC.

2. You can seek a temporary injunction order under Order 39 Rules 1&2 CPC.

3. Send a written representation to Police Commissioner and SHO of jurisdictional police station to express your apprehension that she may commit suicide and you may be framed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1.Injunction suite to send her back.So pl tell me under which section this provision is there.

Opinion:- under section 7 of Family court Act you may file injunction suit against her before the family court.

2 to file urgent exparte ad-interim relief.pl tell me under whhich section this provision is there..

Opinion:- you may file an interim application for ad interim ex party order under order 39 rule 1&2 of CPC.

3. As she may take extreme steps like try to commit suicide in my house to harass me n my family members what precautions to be taken when she forcibly enter into my house .

Opinion:- try to get stay or injunction order and if after that she tried then take the help of police.

4. What should i tell them which hesitate them to leave my wife forcibly in my house.

Opinion:- file the cases against them too, they may be implead as party in injunction suit.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. if the house belongs to you then there is no remedy to restrain your wife entering into your or to sut her therefrom. However of she is not staying there then you can physically restrain her from entering the house.

2. Only the owner of the house except the husband can seek injunction order.

3. Install CCTV in the house.

4. If your parents are the owner of the house they alone can file suit for her eviction and injunction.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Injunction suit needs to be filed under Order 7 rule 1 and 2 CpC along with ad interim ex parte injunction under order 39 rule 1 and 2 Cpc.

Fix cctv cameras in your home at all wanted points so that In case she tried to do anything you people will be safeguarded.

In case your parents are owner they can file suit for eviction along with injunction. Once court order is passed police will take action based on courts order

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Firslty, yes there may be possibilities as what she has in her mind.

Secondly, there will be a suit for permanent injection read with application of temporary injunction as per order 39 (1) (2), the later application would cover the interim relief.

Thirdly, you would surely get some result out of it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If your house is in your name then you cannot do anything. But if it’s in your fathers name then you can ask your father to publish a public notice to disown you and your wife. Then he can file a suit for permanent and temporary injunction and get a interim order in his favour to ellinate you from his property. Further you can also refer the matter to mediation cell and settle things on ground that you’ll start living seperatly on rent.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

File a suit and take restraining order. If she has harrassed you and family then file Complaint to Police. Take order from magistrate under senior citizens Act restraining her from entering the House

Prashant Nayak
Advocate, Mumbai
27274 Answers
88 Consultations

4.4 on 5.0

Hi, legally there is no way that you can restrain her from entering your house...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. In your Petition for Divorce, have you sought the relief of Injunction? If not, you need to file a separate Petition for Injunction under Order 39, CPC or you can amend your existing Petition to seek the relief of Injunction.

2. Same as above. Ex-parte means before service of the papers on her and ad-interim means without any hearing having taken place on this issue.

3 & 4. You just have to somehow ensure that she doesn't set foot in your house. Once she does, even Police will not do anything. If the girl's family is not aware that you have filed for Divorce, you may seek time from the family saying you need more time. Your daughter's behaviour has caused me and my family immense pain etc.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. You have been wrongly advised that way.

There is no provision in law to send your wife forcibly or otherwise from you so long she remains your legally wedded wife.

2. There is no provision in law for your quest .

3. You cannot stop her entry inside your home.

The only precaution shall be to lodge NC before the police on this.

4. You cannot stop her from entering into your house.

You can lock the house and leave the place

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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