• My wife has left home. What are my options?

My wife has just left home a week ago leaving kids for me to take care. She brought a big gang of relatives to fight with me and then left home. She wanted me to sign the joint petition and I had agreed. She also said she will come back to collect all her belongings. She never turned up. What options do I have?
1) She has home key. Can I prevent her from entering my house ?   2) Can I prevent her cousins from entering my house ? 3) Can I put a legal pressure on her to take care of the kids? 4) Can I apply for divorce alone? I mean without joint petition.
Asked 10 months ago in Family Law from Mysore, Karnataka
Religion: Hindu
1) best option is to file petition for divorce by mutual consent 

2) if wife does not agree you can file contested petition  for divorce on grounds of mental cruelty 

3) as long as she is your legally wedded wife she has right to stay in matrimonial home 

4) if your wife is in the house her relatives can come home to visit her 

5) please note that contested divorce petition takes 5 years to be disposed of 

6) mutual consent divorce takes 6 months to be disposed of 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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1. You can not prevent her from entering in to your house since she is still your wife,

2. You can certainly prevent her cousin to enter in to your house by filing a case against him and obtaining an injunction upon his entering in to your house,

3. I have full sympathy on your kids. Normally husbands and wifes fight legally for custody of their children but bin your case no body is there to take care of them.The law can not force her to take care of the children. If you are also unable to take care of them then the Court may direct them to be sent to some child welfare home,

4. You can file a Divorce Suit which may take around 3/4 years if contested by your wife where as jointly filed mutual divorce petition will be decided within 6 & 1/2 months.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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If you refuse to permit her to enter house she will file DV case and seek right to stay in her matrimonial home 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. When she will present her case before the Court, the matter will not be simple. She will claim that you have driven her out and she wants to come back which you are now resisting,

2. So, there are methods to react in such cases,

3. You can file a Divorce suit and offer to provide her alternative accommodation since she acts violently with you in your house, if she claims to come back to you,

4. If she leaves your house without informing you whenever she wishes, you are entitled to approach the Court for seeking a decree of divore but can not stop her entering your house till she is divorced from you.  
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Hi, If you go for legally then it is very difficult to you to prevent her from entering the house, through the help of police she can collect her belongings.

2. It is better you can file a petition for divorce on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. During the subsistence of marriage a wife has an indefeasible right to reside in her matrimonial home, but you can seek injunction from the court if you can prove that cohabitation with her is not conducive to your physical or mental well being. Her family members have no right to enter your house, so you can prevent all of them through a restraint order from the court.

2. You can file a case for child custody but you cannot seek a judicial command from the court to ask her to take care of the kids.

3. You are free to unilaterally file the divorce petition on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
No, not at all. If your wife has left home then file an NC against her that she took all her belongings alongwith her leaving behind the kids out of her own free will. Thereafter file for divorce of joint petition for divorce doesnt suits you.

Change the lock of your house so that she doesnt enter your house and inform the guard that she should not be allowed to enetr the society. If she forces to meet the  threaten her that you will call police.

As far as children are concern you both will have to decide who will take the custody of the child. If she takes the custody then you will get the visitation rights from court to meet your children or vice versa. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
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 She never turned up. What options do I have?
Since you have already agreed to sign the joint options, what else is the option you expect?, you have exhausted your option by agreeing to sign the joint petition, so you may have to follow the same route or decide to agitate her decision.
1) She has home key. Can I prevent her from entering my house ?  
Until she remains your wife, you cannot prevent her from entering your house.


 2) Can I prevent her cousins from entering my house ? 
Yes, you can very well prevent them from entering your house, if they still do that, you can give a criminal complaint against them for criminal trespass. 



3) Can I put a legal pressure on her to take care of the kids? 
They are your kids too, you have an equal responsibility to rare the children, so you cannot put pressure o her for this.


4) Can I apply for divorce alone? I mean without joint petition.
Even she is giving you the same option, i.e., divorce, what is that you are going to achieve by filing a separate divorce petition  on your own?  
If you have decided to divorce her, it will be better to go for mutual consent divorce especially when she is voluntarily agreeing for it. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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That means my wife can leave home whenever she wants and come back whenever she feels like. I am so helpless?
Your wife cannot do this act i.e.,, to leave the matrimonial home whenever she feels like and coming back when ever she gets bored up that side.
This is family situation.
Her such act amounts to mental cruelty.
You can sue her with a divorce case on the grounds of mental cruelty due to her such irresponsible activity and callous and arrogant attitude which caused you sever mental agony and turmoil;. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0

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