Pending divorce, wife breaks the lock and enters the matrimonial house
bhanudassss
(Querist) 25 February 2015
This query is : Resolved
Dear Experts,
Divorce matter between husband and wife, is pending before the court. But wife, in absence of husband or any of his persons, goes to the matrimonial house locked by husband, break the lock and enter the matrimonial house. Neighbor and watchman do not object because they know she was staying with husband in that house.
Now my questions are--
Does the wife has right to enter matrimonial house when divorce petition is pending before court?
Will it amount to cruelty if husband throws her out of matrimonial house in above scenario?
What remedy available to the husband in above situations?
Bhanudasssssssssss
Guest
(Expert) 25 February 2015
Dear Bhanu,
Until divorce is granted by the court, in the absence of any restriction by the court of law, wife has not only the right to enter, but also to live in her matrimonial house. Point-wise replies to your queries are as follows:
1) Yes, she has the right to enter her matrimonial house.
2) It amounts to cruelty on th epart of her husband towards her, if husband throws her out of house.
3) No remedy, except to take orders of the court on merits of your case.
bhanudassss
(Querist) 25 February 2015
Dear Sir,
Thanks for the prompt reply. Can you please give citation/reference/case law in support of your answer?
Bhanudasssssssss
Guest
(Expert) 25 February 2015
Is it your own case? If so, for what purpose you want to use citations when not in your favour?
bhanudassss
(Querist) 25 February 2015
Dear Sir,
This is not my case. I need this citation to pick up the logic behind it, to apply it to similar situation of child access.
Bhanudassssssss
