• Wife staying in matrimonial home

I got married in Feb 2012, from that time my wife is staying my native house which is in my mother's name. She is suffering from schizophrenia gets very aggressive with my parents. We are living seperately for 5 years now as I am working outside. Last year my mom moved with me and then 6 months after that my father as her behavior got worse with my father's as she has stopped taking medicine for last 1 year. We tried a lot to get her on medicine but her family is very abusive and she also is non cooperative . She is my first cousin as well. Now I have filed for divorce but she is now forcefully staying there at my native with my kid who is 5.5 years old and her mother . Due to which my parents are forced to live with me in rented accomodation. Is there any way we can get our house back . Her family and my relatives are threating us on false cases ? How about chances of child custody as my kid is also suffering because of all this ?
Asked 7 years ago in Family Law
Religion: Hindu

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15 Answers

1) if your parents are owner of house they can file suit to direct daughter in law to vacate portion of house in her possession 

 

2) you can offer her alternative accommodation 

 

3) in case false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court 

 

4) seek joint custody of child in divorce petition 

Ajay Sethi
Advocate, Mumbai
99967 Answers
8159 Consultations

1. It is not clear who is the owner of the house. if the house belongs to your parent then they can file a suit for her eviction.

2. Since wife has right of residence , if the house beongs to you , your wife can not be evicted from your house.

3. Vist her and talk to her to settle the dispute  amicably. Both of you must prioritise the welfare of the minor the child to sort out the differences.

4. Apply for visitation of the child in the pending divorce suit.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

welfare of child is paramount consideration 

2) you would be entitled to sole custody of child if you are able to prove that your wife is unfit to have custody of child 

 

3) besides sending her money call your wife daily on Skype and talk to your wife and kid . 

Ajay Sethi
Advocate, Mumbai
99967 Answers
8159 Consultations

If this house is in your parent's name, they can approach the COurt and get her evicted.

You have good chances to get the custody of your child provided that you can prove that she is suffering from temporarily/permanent mental illness. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

As you have said you have already applied for a divorce, you must keenly contest the said case and try getting a favourable judgement.

Keep supporting her financially every month as long as the divorce petition filed by you is not finalised. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

File a petition seeking custody of your child under the provisions of the GW & C Act.

Seek visitation rights to meet your child as an interim measure in this case. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Your parents can file a sit for injunction with a prayer that she be removed from the possession of your house 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Welfare of the child is of paramount importance while deciding the custody of the chiled and therefore if you file a case of custody on the ground that the mother is ill and therefore not in a condition to take care of the child then in that case you may get the custody of the child 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your mother should immediately file a suit for injunction and there is no need to talk to the wife in this case 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

When you file for divorce parties are sent for counselling 

 

2) objective being to save the marriage 

 

3) if no reconciliation is possible counsellor submits it’s report to court 

 

4) if wife does not want to stay with you you can suggest both convert existing petition fir divorce filed by you into divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99967 Answers
8159 Consultations

Temporary ill-health including schizophrenia, a mental illness, which is curable, cannot be a ground for divorce under Section 13 (1) (iii) of the Hindu Marriage Act, the Supreme Court has held. You can file divorce on the ground of desertion and also you have right of visitation i.e. to visit your children and you can file a petition for their custody to be given to you as well.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

  1. As per the information mentioned in you present query, make sit clear that now due to the circumstances you have filed divorce petition.
  2. During the court proceedings you can ask to the court to refer the matter to the mediation, and court generally allows it as family court is of the view of saving the marriage rather than breaking it.
  3. If they don’t allow you to meet the child then you can file a habeaus corpus Writ Petition in the High Court as per Article 226 of our Constitution of India for speedy permission to get the right to meet them rather than going for the custody application which may more time to get the permission.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If the house is on your mother's name she may file a suit for ejectment with an application for temporarty injunction against her restraining her from entering into the house or to interfere in the possession and enjoyment of the property.

You can file a divorce case on the grounds of cruelty.

You can also file a child custody case to take custody of your child.

If she loidges a criminal complaint against you all then you may obtain AB and challenge her false case in the trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
90167 Answers
2505 Consultations

she didn't send kid to school for one month just to harass is giving us execuse she is not well on her mother guidance .my kid is 5.5 years old and he is a boy.are there chances of solo custody 

You may cite all these in your petition seeking child custody as grounds for seeking custody, there are chances for geting custody if you prove her disease.












I am sending her money online monthly. Do I need to do any else apart from sending money ?

Stop sending her money so that she may become agitated and initiate more legal cases against you which would be beneficial for you to file divorce case against her

T Kalaiselvan
Advocate, Vellore
90167 Answers
2505 Consultations

 We do not have those kind of terms now we don't speak for 2 months now . I am really confused if I have filled divorce how can I talk with her . She doesn't even allow my parents and myself to meet child .

Filing a divortce case cannot be a bar to talk to her or to initiate talks with her.
You can very well talk to her at least for the purpose of talking to your child

T Kalaiselvan
Advocate, Vellore
90167 Answers
2505 Consultations

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