• During separation can wife enter husband's place of living legally?

My wife physically assaulted me and my mother about a month and half ago.I suffered bruises and scratch injuries but restrained from getting an MLC done or calling the police due to lack of knowledge and state of shock.Since then she has been living at her parents house. Me and my mother do not feel safe with her any more. Can she enter our home lawfully/legally?? This property is not an ancestral property and has been bought by my mother by her hard earned money and the property is in her name. We have not initiated any divorce proceedings yet. If I file for divorce will it then restrain her from entering the house?? Or can she still enter the house while the divorce proceedings are underway?
Asked 1 month ago in Family Law from New Delhi, Delhi
Religion: Hindu

If the house belongs to the mother, the daughter-in-law has no right to stay there. Your mother can file an injunction suit against her. However, if the house belongs to the husband, then the wife has a right to stay in that house. 

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

She can enter under the domestic violence Act as she has residence rights 

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

If you want to restrain your wife from entering the house owned by your mother, your mother will have to file a suit for injunction in order to seek restraining order against her to contact her in any manner whatsoever or  to restrain her from entering the property where she is residing  if after getting injunction order from court, she tries to forcefully enter the property, chill bill liable for contempt of court for willfully disobeying the order of the court.

 

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

your mother can file application before senior citizen tribunal seek permanent injunction restraining daughter in law from disturbing her possession of house as she is sole owner of the house 

 

2) in alternative file DV case seek protection order and injunction 

 

3) mere filing for divorce would not restrain her from entering the house 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Until divorce or judicial separation your wife can enter your matrimonial house anytime. 

But if she goes violent you can resist her from entering your house and even complain to police to remove her out from your house. 

Kallol Majumdar
Advocate, Kolkata
1313 Answers
2 Consultations

5.0 on 5.0

If you will file divorce petition against her on the ground of cruelty and you should explain this fact also. 

Thereafter she can not enter in your house

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

1) If you are not got divorce and you are living in the same house of your mother's than for her the same house will be matrimonial home. Because you're living in it and you or mother can't deny to enter her in the house.

 

2) If you're not living in that house only you're mother is living than she can't enter into house without your mother's permission.

 

See there are two or more scenarios in your case that you have to think how issues can be handled in each situation.

 

 

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

1. It is not clear whether the house beongs to you or your parents.

2. if your parents are the owner of this property then they can file a suit for injunction so that your wife can not forcefully enter into the house.

3. If you are owner then you can not stop her legally as though the case under PWDV Act she may get residential rights.

4. Generally during pendency of divorce suit the spouses does not enter the house belonging to respective party.

 

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Dear Querist

 

Being the legally wedded wife and share household, she has a right to enter in the home legally, if she files any case against you and your mother before the magistrate court under section 12, 17 18 & 19 of the Protection of Women From Domestic Violence Act-2005  and claim protection, right to residence and other reliefs than the court may pass an order of protection with right to residence.

 

It will be better to file a civil suit for injunction against her and your self by your mother and claim an order for restrain. as the property is the self acquired property of your mother, she has absolute right to enjoy the property as per her choice and nobody can restrain her.

 

she may file a domestic violence case against her before the magistrate court and claim protection and restraining order against her under section 12, 17 & 18 of the Protection of Women From Domestic Violence Act-2005.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
5324 Answers
257 Consultations

4.9 on 5.0

Dear Sir,

A Husband is entitled to seek divorce or judicial separation in case the wife is living away from him without any reasonable cause. However, the wife should be living away from the husband for a continuous period of not less than 2 years, before any petition for judicial separation or divorce can be filed. Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other. It is well established in law that the daily normal wear and tear in matrimonial life does not entitle a spouse to seek divorce. It must be more serious than the ordinary wear and tear of a married life. Mental cruelty can certainly be pleaded to claim divorce from the other spouse even if there is no physical cruelty. The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse.

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

Married woman has no right on the self-acquired property of her in-laws, as this property cannot be treated a shared property. Tell your mother to file suit to prevent her from entering in her house.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Dear Sir 

You can contest your case as there are various judments where if old mother or Father is not  cared will be deprived of rights in property. 

Anand Shukla
Advocate, Delhi
466 Answers
12 Consultations

4.9 on 5.0

Yes she can , 

No need to refuse her entry.

You need to complain before police on the assault matter. Inform your local PS , that she has been living away from her on account of the reason s as stated above.

If she creates a scene when trying to enter your home, call 100.


You need to refuse her the entry.  You need to file the suit for permanent injunction to restrain her from entering the house.  Entry must not be allowed.

 

Request ladies in your home to twarf any attempt to enter. Call police 

Deepankar Kataria
Advocate, Delhi
193 Answers

5.0 on 5.0

Legally you cannot restrain your wife from entering your home as it is her right to live in her matrimonial home. 

Your mother can file a suit for domestic violence against her daughter in law and get restraining order from court against her to stop her access to her house. 

You should file divorce on ground of mental and physical cruelty.

During divorce proceedings she cannot enter your home. 

But if she files domestic violence case before your mother she can claim right to reside in her matrimonial home which you cannot deny after orders from court.

 

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

She can very well enter into her matrimonial home till the time she remains your legally wedded wife.

If you want to avoid her then you may have to shift alone to some other accommodation and your mother should obtain an order on injunction against her restricting her from entering into the house property and interfere in her peaceful possession and enjoyment of the same.

She can legally claim residence in her matrimonial home even during the process of divorce case.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

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