Since wife is absolute owner of the house you cannot restrain her from entering the house
filing for divorce would not help you in getting stay order
My wife living separately for one year, she left the house, yet she is owner of the house
My wife live separated since last 1 year . She leave the house as she has affair with other guy. Me and my children live together. Unfortunately the the house is on her name. She is the owner .now she want to come and live forcefully against our wishes. What should we do to stop her entering the house. Please let me know .he has only intuition to get property while house property and children custody case running in the court. Should I file divorce case now is that stop her to entre the house.please let me know .thanks
Asked 9 months ago in Family Law
Religion: Sikh
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8 Answers
She being the lawful owner of the property she can not be legally retrained to enter into her own house and reside therein.
Her having an affair does not let her relinquish her own property.
Filing for divorce is your choice.
Dear Client,
- Because the house legally belongs to her, she is entitled to go inside unless there is a court order preventing her from doing so, no matter what her previous behavior or present motives may be.
- You can file for divorce on grounds of cruelty or adultery and at the same time, seek a residence restraining order or injunction from the family court under Section 39 of the Specific Relief Act or Section 19 of the Protection of Women from Domestic Violence Act, 2005, as the case may be, based on the facts.
- Pending property and custody matters do not legally prevent her from entering, so until a court restraint is obtained, you cannot legally prevent her from entering; requesting divorce on its own does not legally prevent her from visiting her own property.
Hope this helps you out, should you require any other explanations or difficulties, please just ask.
To prevent your wife from entering the house:
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File for Injunction: Request a court order to stop her from entering the property.
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Trespassing Complaint: If she forces entry, contact the police and file a trespassing complaint.
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File for Divorce: You can file for divorce, but this won’t automatically stop her from entering the house unless you also seek temporary relief from the court.
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Consult a Lawyer: Speak with a family lawyer to handle property and custody issues effectively and file the necessary petitions.
Unfortunately the house is on her name hence you cannot prevent her from entering into the house.
If the child custody case and property case is going on then you can file an injunction application to restrain her from entering into the house till the disposal of the civil suit.
There's nothing wrong in filing the divorce case on the grounds of adultery and cruelty.
You can stop her as she is the owner of property but she can’t evict her children and you from property till court orders it.
- Since, the said house is in the name of your wife , then she has her right to reside into the same and you cannot restrict her entry.
- However, if you have invested the amount to purchase that property /house then you can claim the ownership after filing a petition before the Court.
- Filing of divorce petition cannot be a ground to restrict her entry.
When the house property is in the name of wife, husband cannot stop her from entering in the house. Filing of divorce is of no help in preventing wife from entering house. But wife can seek eviction of husband by filing complaint under PDVW Act.
