Matrimonial home entry
Rajan
(Querist) 07 April 2013
This query is : Resolved
Dear Sirs,
Thank you for your advice.
If the divorce petition of the petitioner husband is dismissed by the sessions court and the petitioner husband as adviced by the experts shall prefer to go for first appeal at high court.
In the meantine, can the respondent wife be entitled to enter the matrimonial home (kindly note that the petitioner husband is not staying in the matrimonial home the address of commincation of all the petitions and the matrimonial home is rented to third party). Petitioner husband is residing in another town in a rented house. In this case will the respondent wife be entitled to enter the matromonial house that is rented to third party.
If she by forces try to enter, what is the remedy left to the petitioner husband
Kindly advice
Raj Kumar Makkad
(Expert) 07 April 2013
The husband has already rented out the property to third person so why should he worry. The tenants shall not allow the wife of landlord to enter on the basis of their tenancy.
The husband is liable to provide the house ot the same status to his wife. He cannot take shelter to avoid his liability because he has rented out his house to tenants and living in a rented house in some other city.
House has full right to get the house from her husband.
Sudhir Kumar, Advocate
(Expert) 07 April 2013
But she has a right to enter the house where husband is now residing
Adv k . mahesh
(Expert) 08 April 2013
in your house she can enter means your in rented house in other city that house
Ms.Usha Kapoor
(Expert) 26 June 2018
I agree with Raj Kumar Makkad and Sudhir Kumar.
