Wife wants me to leave the house
Rahul Dixit
(Querist) 06 November 2012
This query is : Resolved
1. I have withdrawn divirce case against wife.
2. She hasnt withdrawn any case against me.
3. Withing 3 days of cohabitation she wants me to leave and threatens that she wont let me enter the house from tomorrow. And would call the police if I try to get into the house.
4. This house is on the name of my father.
5. What should be my course of action ?
V R SHROFF
(Expert) 06 November 2012
DID SHE RECEIVED SUCH ORDER OF RESIDENCE IN pwD DOMESTIC VIOL ACT???
Rahul Dixit
(Querist) 07 November 2012
1. No, there is no such order in her favor.
2. The thing is that I don't own a house and I am staying at the third floor of my fathers house which has a total of 4 floors.
3. My parents stay on the first floor with my son and rest of the three floors namely: ground, Second and fourth(terrace) are rented.
4. What must be my course of action ? As it has come to my knowledge that she will not let me enter the house (3rd floor) after I return from office and if I try to enter forcefully she shall then call the police and like previous 'n' number of times make false allegations against me.
5. She also said she would burndown the house if my father files a case for her eviction.
Rahul Dixit
(Querist) 07 November 2012
1.Also apart from anything that I have asked above kindly tell me what must be done, as I am sure their will be lots of drama created tomorrow night once I am back from office.
2. I do not have keys to the house.
3. I have a lawyer, but I just need to be very sure! This legal battle and her attitude is killing me .
4. Also, I used to stay with my parents until the withdrawal of the divorce case. It is only after withdrawal I started staying with her and within 3 days all of the above stated havoc started.
Devajyoti Barman
(Expert) 07 November 2012
Since the house belongs to your father, she can not get any residence order.
Do not fear.
Be a man and enter the house.
If you fear for 498A then you could never fight against her.
Ajit Pathak
(Expert) 07 November 2012
Dear Dixit ji
File a police complaint immediately. Thereafter all relevant matters which are available in Family law as well as civil.
Thanks
ajay sethi
(Expert) 07 November 2012
record her threats . in case she lodges the complaint play the recordings
Rahul Dixit
(Querist) 07 November 2012
1. Thank you all !
2. 498A, 406 and DV has already been filed against me and I am fighting them .
3. I am at my parents place who live at the first floor of the same building as she did not let me enter the house.
4. I d not create a fuss about it as eventually my aged parents will be dragged into the matter and this is the last thing they want since they have already suffered a lot due to my problems.
5. I am just trying to act more reasonably considering the well being of my parents.
6. My son stays with her who is about 10 years old while my daughter aged about 22 stays with my parents and me. ( EXTRA INFORMATION )
7. I will meet my lawyer tomorrow and seek his advice.
8. My father does not want to file a case for her eviction as he is worried about his grandsons future also who stays with her.
9. Do let me know if there is something that might prove of any help.
Sudhir Kumar, Advocate
(Expert) 07 November 2012
As per DV Act she cannot be evicted from this house adn she doe snot need to burn down.
Rahul Dixit
(Querist) 07 November 2012
Well , Thank you for your reply Sudhir !
But I am sure she can be evicted for she has no right in my fathers self acquired property.
Sudhir Kumar, Advocate
(Expert) 08 November 2012
No.
It is her matrimonial home. Throwing her out is Dometic Violence and you will be restrained.
Domestic violence act also provides and male member committing Domestic Violence of your family can be removed from the house. Or else you can be compelled to provide her seperate residence (it is subsequent matter if your are allowed or not allowed there)
Rahul Dixit
(Querist) 08 November 2012
According to :
SHUMITA DIDI SANDHU Vs SANJAY SINGH SANDHU & OTHERS
at the High COurt of Delhi
The matrimonnial House concept is not valid in India as it is a part and segment of the British Matrimonial Homes Act, 1967 and no such law exists in India.
All I am trying to do here is clear my doubt and know of any grounds that may take stand on incase we file (which we are most likely to after what she has done yesterday), a case for her eviction
