Can wife claim residence in your mother’s house where she never lived?

No. If she has never resided in your current house (owned by your mother), it does not qualify as a “shared household” under Section 2(s) of the DV Act. Courts have held she cannot claim residence in a house she has never lived in (S.R. Batra v. Taruna Batra).

Can you challenge her DV case based on inconsistent claims?

Yes. You can argue:

• She filed divorce, then RCR, then DVC, showing inconsistent intent.

• Delay in filing DV complaint (after 2+ years) weakens her claim.

• Evidence of threats and your role as primary caregiver strengthens your defense.

You have full legal grounds to contest your wife's claim for residence under the Protection of Women from Domestic Violence Act, 2005. She cannot seek a residence order for a house owned by your mother where she never resided. Courts have repeatedly held that a woman does not have the right to reside in the property of in-laws unless it qualifies as a shared household, meaning she lived there with her husband as part of the matrimonial arrangement. Since your current residence was never her matrimonial home, her claim lacks legal standing.

Your wife abandoned you and your daughter twice. You have acted as the sole caretaker of your child for nearly five years. You also possess evidence such as CCTV footage and call recordings that show your wife threatened to commit suicide if not allowed to leave. Her legal conduct appears inconsistent—she filed for divorce two months after leaving, filed a restitution of conjugal rights petition one and a half years later, and then filed a domestic violence case after another eight-month gap. She has made no contact for the past two years.

These facts show a lack of continuity and good faith in her legal actions. You can bring this timeline to the court's attention to highlight that her petitions are contradictory and legally untenable. Her claim under the Domestic Violence Act can be challenged as an abuse of process, especially since she initiated the complaint long after the alleged acts of violence and while she has been absent from the matrimonial relationship for an extended period.

You should file your objections in court and, if needed, move a petition under Section 482 of the Criminal Procedure Code to quash the DV complaint on the grounds of mala fide intent and delay. You may also file a detailed written statement pointing out the lack of cohabitation in the claimed residence, her contradictory petitions, and her prolonged silence.

The law favors individuals who approach the court with clean hands and in a timely manner. You have the right to protect your home and reputation from legally baseless claims.