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K.P.Nataraj (Trader)     06 July 2023

Divorce and rcr regarding

Respected Sirs, 

                                   My Son has filed a divorce case in the year 2014 on the ground Cruelty and his wife after this filed a RCR case in 2014.

                            Now in June 2023, the Court has dismissed my Son's Divorce  case and allowed his wife's RCR Petition   The Court

ordered my Son to stay with his wife in RCR Case. Both are living separately for the past 9 years.

 

                             He applied for the copy of the orders ad sofar not received the Copies of orders.

                               But 3 dats back,  his Wife approached the local Women Police Station and filed a petitioin to ask her husband to stay

together hereafter.

                                 My Son went to the Police statiion and informed the Women Police Statiion that he is not willing to stay along with his

wife and also told that he will file an Appeal in higher court for both the cases after he receive the copies of  orders.   His wife also 

accepted and assured to face the cases in appeal and the same was given in the written form at the Women Police Station.

                                   But yesterday my Son's  wife came to his house along with  her parents and with some of her relatives tried to enter

our house forcefully.  But we locked the door and did not allow her and her relatives saying that my Son is not willing to stay together as we

decided to file the Appeal in the Higher court.  They left our house after some time.

 

                                        NOW MY QUESTION IS:

           a)  Whether my Son's wife can forcefully enter our house against my Son's wish saying that the Court ordered reunion  in RCR case?

            b)   Whether the Police can come along with my Son's Wife and ask him to allow his wife to enter our house?

            c) Whether we can apply for an Injunctiion Suit to restrain her from entering our house.?

 

Please clarify.



Learning

 2 Replies

Dr. J C Vashista (Advocate )     07 July 2023

Questions (a) & (b) are negative. No one (including Courts) can force a person to stay with spouse with his/her consent.

You may file a suit for permanent injuction restraining your daughter-in-law and her parents/relatives through a local prudent lawyer.

1 Like

K.P.Nataraj (Trader)     10 July 2023

Respected Dr. J.C.Vashista Sir,

 

              Thank you very much for the above reply.

              Your answer to our qurries really brought peace to us.  Thank you again sir.


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