Wife want to go her matrimonial house during court proceeding
mayur mayur
(Querist) 01 February 2015
This query is : Resolved
Dear concern
my fact is as under
1)husband file divorce petition(desertion & cruelty)
2)wife file RCR petition
the both matter at final hearing(cross of petitioner) in that matter wife doesn't want divorce
now a days both had contacted to each other
wife tell her husband to i don't want divorce what should i do & husband tell his wife he need divorce
after that wife decide that she directly go to her matrimonial house & reside with her husband & father in law & mother in law.
now my query is whether it is possible by law that at the time of court proceeding wife can go to her matrimonial house & stay there
ROHIT SHARMA
(Expert) 01 February 2015
1. Yes, why not, she can return and stay at her matrimonial house even when the said proceedings are in process. The marriage has not yet been legally dissolved.
mayur mayur
(Querist) 01 February 2015
Thanks Mr Rohit
now query is if husband refuse her to enter in house then what she do
Dr J C Vashista
(Expert) 02 February 2015
Author namely "mmmmmmmmmmmmmmm" is anonymous hence reply is "xxxxxxxxxxxxxx".
Rajendra K Goyal
(Expert) 02 February 2015
The wife has right to stay at matrimonial house, if husband refuse her entry, she can take police help.
Guest
(Expert) 02 February 2015
Are you husband or wife? Otherwise yours is purely an academic query for which reply of Dr. J.C. Vashist is appreciable, as "mmmmmmmmmm" does not indicate whether you are husband/male, wife/female or you have any relation with husband or wife.
Even otherwise also, as per your profile, you are a student, who can be expected to post his academic queries.
mayur mayur
(Querist) 02 February 2015
dear concern my actual name is mayur & query is related to my sister case
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
She cannot be restricted from entering into her matrimonial house, take the help of local police if they object/quarrel/use violent methods to stop her from entering the house.
Guest
(Expert) 04 February 2015
Thanks for the clarification. The desired clarification was necessary, as solution to any legal query depends upon specific nature of problem and the person concerned with the issue.
So, based on the clarification, it is to point out that it is unquestionable right of the wife to live in her matrimonial house till the husband is not able to get award of decree of divorce or appropriate maintenance charges are granted.
Divorce cannot also be expected to be granted unless there is any compelling and convincing ground for the judge to take in to consideration.
mayur mayur
(Querist) 07 February 2015
ok
thank to every one
Guest
(Expert) 07 February 2015
You are welcome.
