Father can make application before senior citizen tribunal to direct son and daughter in law to vacate portion of house in their possession
2) seek permanent injunction restraining them from disturbing his possession of the house
Wife not leaving husband's father's house
A friend has filed divorce form wife on the grounds of Cruelty by her towards her parents and him. She refuses to leave the house that belongs to his father. She and her family, in turn, had her sis-in-law file a false case of Sexual harassment against her husband to harass him and take the divorce back somehow. How can she be asked to leave the father's house in these circumstances? A lawyer suggested my friend legally opting out of his right to his father's property. Will this have the court make her move out? What are his options legally to make this happen? How much time can it take? They haven't had a first hearing yet on divorce, only 2 counselling in police station in which the woman was absent in one and her lawyer appeared in the other one.
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
Under Protection of Women from Domestic Violence Act, 2005 wife has right to reside in husband’s joint property belonging to his father. Any claim of opting out of property will establish his mala fide intention to deprive wife of shelter. Wife can file DV case for the same.
If the house is on the name of his father, then he only has to take action directing both of them to leave his property, not that her husband shall be able to direct her to leave the house.
She is entitled to live in his house till their marriage is dissolved by a decree of divorce through court.
It's better you file a mutual divorce and make her leave. Otherwise your parents need to file case against her and get her evicted from their house
Dear Client,
The senior citizens have the right to live peacefully even if their son and daughter in law are having problems in their marriage. In such a case it would be appropriate if an alternative accommodation is provided to the wife as per Section 19(1)(f) of the Protection of Women from Domestic Violence Act. The right of residence under Section 19 of the DV Act is not an inalienable right of residence in a shared household.
- Since that property belongs to the father of your friend , then he can issue a legal notice to her for vacate his property , and if not vacated then he can file a suit for Mandatory Injunction before the Court for evicting her.
- She has residential right from her husband only during his life time and not from in-laws, and hence father can remove her from his property
- However, it is suggested to file this suit against his son & daughter-in-law jointly.
- Time of disposal of the court depend upon the burden of the court and lawyers.
- 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, 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.
