• Can my wife enter forcefully in my house as me convicted in 498a

Sir,
My father-in-laws sent my mental unsound wife forcefully in my parental house along with four persons and left her in my parental village. Although i have been convicted against 498A and my old parents around 80 year acquitted. Divorce case is filled by me on ground of mental illness, as she was suffering from before marriage & hearing is going on and i am govt jobs and away from parental house.Now she is threatening to enter my house although i am giving 7000 maintenance per month.

Also her parents informed my office regarding conviction to dismiss me from my job. but all things i had earlier informed to my office in facts her mental treatment was done by my employer. 
Plz guide me.
Asked 4 months ago in Criminal Law from Chatra, Jharkhand
Religion: Hindu
1)if the house is standing in your  parents name they can move court and seek injunction restraining her from disturbing their  possession of the house 

2) there are number of judgments that daughter in law cannot claim any right in property standing in name of her in laws

3) if the house is owned by you then she can claim right to stay in her matrimonial home 

4) i presume you have filed appeal against your conviction order in 498A case

5)if   you have been convicted govt can dismiss you from service 
Ajay Sethi
Advocate, Mumbai
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During the subsistence of marriage the wife has the right to reside in her matrimonial home. Her taking maintenance from you also does not invalidate her right to residence. However, the said right does not exist in the house owned by in-laws except if it is a shared household wherein the husband also resides.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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Hello,
1) The wife can live in her matrimonial home until the divorce case is pending before the court. Alternately, you ought to provide her with alternate accommodation. If the 7000 that you pay includes accommodation charges, reduce the amount being paid and move an application in the court where the divorce case is pending.

2) HAVE you appealed against the conviction in 498A? In fact your conviction in this matter has no  direct bearing on your wife entering the matrimonial home. If you haven't filed an appeal do so as soon as possible. An acquittal here can largely help your divorce case.

3) Hope you have also added cruelty besides mental unsoundness as a ground for seeking divorce. If not get that ground added too.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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immediately file a civil suit for eviction by your parents if the property is their own and you are not live with them along with an application for restraining her under Order 39 Rule 1 &2 of CPC
Nadeem Qureshi
Advocate, New Delhi
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131 Consultations
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Hi
If she forcefully comes ànd create an issue call the police .
Wife can stay in the matrimonial home or the house you stay even when all these cases are running .
Divorce order is not absolute till it is an order from Supreme Court or if it is not a.mutual consent one, so her right to stay in your house is intact till then
Your parent can obtain an injunction against her if the house is in their name
You should bring the  matter to the notice of court where divorce is pending.
Her condition of mental illnesses is a threàt to your life ,so this can be cited as a reason ,she has to either under medical supervision or else with her family.since already there is a dispute if any unfortunate incidents have to be averted considering her mental condition.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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She has rights to reside in your house until she is your legally wedded wife.
You cannot refuse her entry.
If her father is trying to play such dirty games, and if you have to suffer, then take your wife to his home and you also sit down in his house taking refuge in his house due to his  fault. 
Hower you can continue to fight the divorce case on the grounds you rely upon.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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refuse to take her back as you apprehend danger to your life as she may implicate you in further false cases 

2) let wife obtain court orders in this regard 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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If the SC has passed an order that has to be complied, failing which she is liable to face proceedings for contempt of court. Consult a lawyer with a copy of the SC order that you are referring to.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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She appears not to be in normal sense and has been mentally affected to the extent that even her parents are not able to control her.

If she is making a forcible entry into your house then leave her in a separate room, dont have any contacts with her, you can avoid talking to her even if she voluntarily try to establish her contacts with you.

You cannot avoid problems with such type of people who themselves do not know what they will do and when. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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