Not allowed to stay in in-laws house
I am staying at my parents house for more almost 6 months now. My in laws do not want me to stay with them. I went to my inlaws place along with my parents but they did not open door. Infact they dialed 100 number and complained that they are scared that i will harm them physically. I had in anger messaged my in laws that i will be complaining to police that u have ruined my life and i will put u into jail. Now, they are not allowing me to enter their home. The police men even did not helped when my in laws called 100. Finally it has been a month that this incidence happened. and i am still at my parents house. What to do? Please help..
Asked 12 months ago in Family Law from New Delhi, Delhi
1) you have no right in property standing in name of your in laws
2)you have right to stay in matrimonial home owned by your husband only
3) file DV case and seek alternative accommodation from your husband , maintenance and other reliefs
4) contact a local lawyer
Hi, you have to file a petition under DV act for alternative residence or shared accommodation before the court with the help of the court you can entered into in-laws house.
1) You are silent on what your husband's attitude is. If your husband is not ordinarily staying there you can not force an entry there.If it is your matrimonial home you have a right to have shared accommodation.
2) You have other legal options to get help from. You can file for Restitution of conjugal rights and get the right by a court order your rights to live in the marriage by an order of the court.
3) You have also the option to file a case of Domestic Violence and seek protection, compensation for the sufferings you endured and accommodation shared or separate.
4) Engage a lawyer locally to help you take appropriate legal steps.
You can file a DV case immediately and ask for the reliefs of residential rights and protection besides return of your articles and interim maintenance.
You may implead the parents in law and his sisters and brothers as parties to the criminal complaint, this will certainly make an impact and may change their mind to allow you inside fearing the action by law.
You can file a RCR case too.
During the subsistence of marriage the right of a wife to reside in her matrimonial home is indefeasible. To reenter your matrimonial home you can file a case for domestic violence to seek the right to reside in your matrimonial home without being subjected to any further act of domestic violence. Unless injunction has been granted to your in-laws, operative against you, they cannot stop you entering your matrimonial home.
i have finally filed a complaint against my inlaws under section 498a, 406 nd 506 with help of a local lawyer. Soon the policemen will take appropriate action. My question is what if my inlaws state all allegations are false and still they donot allow me entry into my matrimonial home. How strong is my case. I have some evidences to state that i have put a real complaint. Will the complaint work for me? What next if my complaint does not work??
Asked 12 months ago
My question is what if my inlaws state all allegations are false and still they donot allow me entry into my matrimonial home.
You can take the help and protection of police before entering their house. You may visit the police station and lodge a complaint seeking their protection and help as you apprehend immense danger to your life on entering their house from them..
How strong is my case. I have some evidences to state that i have put a real complaint. Will the complaint work for me? What next if my complaint does not work??
You can file a private complaint with the magistrate court seeking direction to direct the police to give you protection when you enter in to your matrimonial house.
They are entitled to and will refute the allegations, you will have to prove those in the court. To remedy refusal to enter the matrimonial home you can seek residence order by filing a case for domestic violence. Mere filing of 498A complaint cannot get you right to reside in the house, you have to file a separate case under domestic violence act.
1) if house is in your in laws name you cannot seek right to stay in said house
2) file DV case and seek alternative accommodation, maintenance from your husband
3) 498A , DV cases take 5 years to be disposed of