Wife demanding rights in in-laws house
Boy_Hindu
(Querist) 15 October 2013
This query is : Resolved
Dear respected lawyers/advisors, I am glad to have found this forum at my times of need.
I am married for 3 years, with a 2 year old girl child. My wife's behaviour from the time of marriage has been unacceptable and very sadistic. She gets into mood swings very frequently, and has never given us an opportunity for a happy family life. For the first year we lived in my father's house. She started quarrelling often and she hated everybody in my family. She instilled havoc into the peaceful living of my family. Over a period of time she demanded a separate residence. I therefore rented a separate residence 30 km from our house. It became very evident that she is unable to take up the daily activities of cooking and maintaining the house and the child. She has never gone to work but is a BE graduate. She stayed with me along with the child only for two months in my rented house and then left back to her parents house complaining of loneliness when I am away at work!
It has been six months since she along with the child left me to stay alone. Her father who had observed the anger problems with her took her to a psychotherapist (I had no role to play in this) and she is said to be suffering from Bipolar disease / extreme anger / Obsessive compulsion problems. The doctor put her on psychiatric medications and she has been visiting the doctor ever since she left me. Even though the doctor is instructing her to join me in my house, she is refusing to do so. She is not ready for a divorce. Even though I can wait for some more time for the sake of my loved child, there are newer problems that have arisen. She is demanding that she has the right to stay in my father's house (since she is the daughter-in-law) and she wants to bring up the child in my father's house. Whenever we try to convince her, she abuses my father and there are many incidents where she enters into my father's house with the child and she spends three to four days before returning to her parents. The situation in my father's place has become very sadistic, since she quarrels with my parents and abuses them. She also pathetically treats the child in order to hurt our feelings. There is no peace and calm in my father's place whenever my wife stays there.
I request your guidance in the following questions:
About my father's property: My grandfather had purchased a house (acquired). After his death, my father along with his two elderly sisters were the legal heirs. My father got
release deeds from his sisters after paying them legally. My father recently got the old house demolished and built a new house in the same place. The property is in his name.
1) My wife demands that she has a right in my father's house. She says she can enter the house anytime and stay there for however long she wants. Whether or not my father's property is self-acquired or ancestral or inherited (I am not sure what category it falls under ) can she demand residence/shelter in that house (even when the husband has rented a separate house)?
2) My wife claims that since the child has rights in my father's property, she along with the child will stay in my father's house and bring up the child. Is this claim legal?
Can she reside there if the child has rights?
3) Can I or my father bring a Stay order from court to not allow her into my father's house? If so, on what grounds should we bring a Stay?
4) If I go for a contested divorce, after serving the notice to her, can she still enter into my father's house and reside there until the Judgement is passed?
I thank everyone for their helpful advice/suggestions.
ajay sethi
(Expert) 15 October 2013
as on date your wife has no rights to your father property . your father can obtain an injunction against his daughter in law as he is absolute owner of said property . in said petition mention about his daughter in law is suffering from mental illness and is undergoing treatment .
if you file for divorce it would be a long drawn affair as your wife is bound to contest it . obtain copies of her medical reports . contact a local lawyer
Rajendra K Goyal
(Expert) 15 October 2013
Your wife has no right of any type in the property of your father as on date. Your father and not you can get a restraining order for her entrance in the house.
Contact a local lawyer.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
where are you residing now.
as long as divorce is not there she has a right of force entry into any dwelling unit where you reside, irrespective of title.
Police has to duty to help her in such entry
Do not invited Domestic Violence allegation without doing it.
you cannot restrain the child from entering ancestral house and so cannot restrain her also.
Boy_Hindu
(Querist) 16 October 2013
Dear Sudhir Kumar,
I rented a separate house, and currently I am staying at my rented house away from my parents. Can my wife still have a forced entry into my father's house due to the rights of the child?
R.K Nanda
(Expert) 16 October 2013
consult lawyer personally.
ajay sethi
(Expert) 16 October 2013
no your wife cannot make forcible entry at your father place . already advised your father to move courts
prabhakar singh
(Expert) 16 October 2013
There is going difference of opinion for no purpose.
Even if it was originally belonging of your grand father it is not clear when did he die and whether you were born to your father during his life time?
A wife does not have right interest or title in any property belonging to husband.Her right is restricted to maintenance including residence and in existing case she has been provided with a rented premise o live then she can not enter your father's house.
Your daughter has no right title or interest in property belonging to your father unless you have coparcenary claim in it which can not be ascertained for want of facts when your grand father died and were you born in his life time?
As regards to your wife illness legally that affords a ground of divorce provided you prove her company is not habitable and dangerous to life.
If you want to coup with try homeopath taking in confidence your father in law.
spea looks to be prescription in 200c or 1m
to a doze of cure based on information supplied here,yet prescription would depend on indepth consultation with a very good homeopath practitioner.
Raj Kumar Makkad
(Expert) 18 October 2013
I completely do agree with Ld. Prabhakar Singh.
R.K Nanda
(Expert) 18 October 2013
nothing to add more.
Boy_Hindu
(Querist) 21 October 2013
Thanks to all for the replies.
@prabhakar singh - I was not born during my grand-father's lifetime.
I am living away from my parents house. But I and my wife had lived for upto one year in my father's place. Now can she file a false DV case saying that DV took place when we were in my father's house? Can she use this trick to get residence-order into my father's house?
ajay sethi
(Expert) 21 October 2013
instead of repeating same question again why dont you contact a local lawyer .
