My brother has filed for divorce. His wife has filed for restitution of conjugal rights, Section 9. Because of my father's untimely demise and mother not keeping well, brother couldn't go for any of the hearings. He is staying with mother at our native place. The house is in my mother's name.Even if she gets one sided judgement in her favour, my brother doesn't want to live with his wife anymore. We are scared that if she gets a judgement in her favour, she will come to our house and force herself into the house. Please guide us: 1. My mother has recently undergone a spine surgery and still recovering. She is also under depression and very weak. We don't want anything which causes stress to her. 2. At any cost, my bother is not willing to stay with his wife. 3. We have also read that courts can't force a person to live with his spouse. What should we do now to avoid any unwarranted situation happening at my house? What should we do to safeguard my mother and brother?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. Even if she gets a favourable decision in the Restitution of Conjugal Rights' case, Court will not force your brother to stay with her compulsorily.
2. During the pendency of the divorce case, your brother's wife shall be entitled to matrimonial home. Since your mother is not well and to avoid unwarranted situation, your brother's wife may be provided with separate home.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
1. Since, that property is in the name of your mother , then legally she can restrain her daughter in law from living into the same due to mistreat .
- However, she having residential right from your brother .
- Further, your mother being a lady can file a compliant against her under the provision of DV Act against her daughter in laws harassments.
2. If he not interested to live with her then, take her consent for mutual divorce , and if she not ready , then he can file a divorce petition on the ground of cruelty and as mentioned above.
You can contact me , if further suggestion needed.
Brother should contest RCR case
2) both cases would be clubbed together
3) your brother cannot be forced to stay with wife
4) even if house is in your mother name wife can seek right to stay in said house
A domestic violence case should be filed against her through your mother. This way she won't get any relief and would not be able to get in the house.
Husband should go and live somewhere else. He should join the proceedings and file a reply.
A disgruntled wife can always file case of domestics violence or of dowry harassment agaisnt her husband and in alwas if there is such incident.
To file this the in laws need not be stayinh with her.
So there is no way one can prevent his parents being dragged into such cases. Remain vigilant so in the event such case is filed you can take immediate remedial measures like bail.
1. Your brother's wife has full rights to reside i her matrimonial home, your brother cannot prevent her from entering into the house where he is currently residing.
Your brother is bound to provide her accommodation until she is his legally wedded wife.
2. the law says otherwise.
In the given situation he may have to concentrate in his divorce case and get his marriage dissolved by a decree of divorce after which she can be prevented from entering into his house.
3. The court cannot force him to live with her, but he cannot prevent her from entering into his house till she remains his legally wedded wife.
Dear Sir,
Your brother should make an appearance in court through his pleader and assign good cause for delay. He shall be provided by court for opportunity to file reply, in prayer grounds under section 23A of hindu marriage act and also stay of proceedings should be prayed on the basis that divorce proceeding are already undergoing. If an ex party decree is passed, there is option to file for setting aside of ex-parte decree by providing sufficient cause. It will be more fruitful to file now instead of filing application to set aside the ex-parte decree later.
Thank you
