Rights of wife on matrimonial house with disputes.
anonymous
(Querist) 24 January 2024
This query is : Resolved
Scenario.
This is second marriage of couple. Wife had brought 7 years old son.
Wife and husband are fighting to each other a lot as she is not serving to mother-in-law. Due to many fights even in the front of police, FIR was registered U/s 751 and both were sent to jail. After 3 days in jail, couple got bail from mother of husband with a promise that they will not fight again. But it did not happen. Fights kept on going. As a result, mother of husband disowned/bedekhal son and his wife and asked them to vacant the house. They were living in the matrimonial house forcefully. In return wife has beaten mother and has some CCTV footage available. But police has not done anything in this matter.
Mother left her own house and started living in separate house. Mother went to court for vacating the house as she is the owner of the house and DV case against wife and 125 case against his son. After three months later when couple fought again, husband also left the house and filed divorce petition on the ground of cruelty. In return, wife also filed a court case against mother and husband for banning them not to come at matrimonial house. In fact, mother is sole owner of the house.
After 12 months, couple decided to reunion and he withdrawn his divorce petition. U-turn by wife, she refused to go along with husband separately and dont want to leave matrimonial house and she file 125 against husband and remined that husband is banned to come at house.
Court cases by mother:
1. For vacating the house against son and daughter in law
2. 125 against son
3. Domestic Violence against daughter in law.
Court case by husband:
1. Had Divorce petition which has been withdrawn after 12 months.
Court cases by wife:
1. Permanent Injunction of matrimonial house, banning mother and son to come at house. Mother is sole owner of this property.
2. 125 against husband.
Question: What is the legal right of wife on matrimonial house in this scenario. Mother-in-law is sole owner of the house. Is there any possibility that mother will get her house back?
Thanks in advance.
Sudhir Kumar, Advocate
(Expert) 24 January 2024
You have not indicated why there is fight.
As long as there is no divorce the wife cannot be evicted from her matrimonial house does not matter who is the owner. The drama (her husband moving away and getting disowned ) is not expected to give much yield.
filing of this case be mother is another step of domestic violence.
The drama of disowning of son with intent to cause harm to daughter-n-law has no legal relevance.
As far as prediction is concerned the same can be tried at some astrological forum.
the legal chances of divorce and eviction suits can be commented only after knowing full facts.
T. Kalaiselvan, Advocate
(Expert) 24 January 2024
The daughter in law cannot claim residential rights in her mother in law's house.
She has rights only in her husband's residence.
The mother in law can get her evicted through the due process of law which she has already started, hence let she follow the court proceedings properly
anonymous
(Querist) 24 January 2024
Contents have been modified. Kindly reconsider the facts provided in the query.
T. Kalaiselvan, Advocate
(Expert) 24 January 2024
Your question remains same as what was posted originally.
Hence if you want to add new contents or change the contents you can post a new message.
Sudhir Kumar, Advocate
(Expert) 25 January 2024
This is a free advisory forum and the experts are giving charitable advise from their onw precious time, using their own electricity and net connect.
This is not an examination hall that first we will read a long narrative then we will understand give our views and then you will modify the facts. Neither the experts are students nor you are viva examiner.
Thereby experts will again read a long narrative then we will understand (try to figure out what has been added/deleted by you) give our views and then you will modify the facts.
However you can read definition
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005
2 (s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a house hold whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household
2 (f) “domestic relationship” means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
17. Right to reside in a shared household.—(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
