Can a wife forcibly enter husband's house during pendency of an appeal in highcourt where husband is an appellant in divorce case filed by him under mental cruelty by wife

@ Being moral,

What is the opinion and advise of the lawyer engaged / paid by the appellant, who is well aware about facts and circumstances of the case(s), intelligent, able and competent person and duty bound ( as well as being moral) to satisfy his / her client ?

What is your locus standi ?

If she is not living there for 3 years her rights to live in that house have significantly diminished. Under DV act she can only claim right to shared household. Since last 3 years there is no shared household, so it will be hard for her to get any residence orders.  You are within your rights to disallow her entry into the house unless court has passed orders to allow her entry.  Make a report to police about her bad behavior in advance. If she shows up at door, call police and refuse entry to her. 

 

Yes, it is your advocate who can give the best assistance. Anyhow, the Police have no jurisdiction in the matter except under the directions of the Competent Court.

whwther any divorce has been granted?

If so whether any stay order is there on the divorce decision.

Dear Concern, 

During legal proceedings she cannot come to your house, however she may come after having specific order for that. 

Also, you can seek an order like permanent injunction to ban her entry in your house. If house is in your mother's name, she can also obtain an injuction order to restraint her entry from the house on the basis of her previous actions ground like mental cruelty. 

For a safer side, you may complaint to a local police of forceful entry of her as you may explain that she has already been away from years due to her specific reasons and you are afraid of her violent nature. 

Whether she is restrained by an order of the court ? No

Can police help either of the parties in entry in her matrimonial home or stop her entry ? No, untill there is some law and order problem.

Given facts indicates that divorce has not happened as husan's petition is rejected by the court and husband has merely challenged the award.

given fact also do not indicate any injuction against her for not entering.

She in such cas hs fullo right to enter the house and if objected she can enter forcefully and stopping her amounts to domestic violence.

The police has a duty to assist her if force is used by husband or his family for stoping her entry.

ler her file a dv and get a  residence order, offer to provide alternate accomodation for her,  dont let her enter at any cost, 

You say that your lawyers have no clue as to what to do? You file a writ of mandamus in the High Court to order the police to prevent the wife from entering the husband's premises. The police will have to present their side for inaction. Either the police will have to act or your lawyer will get a clue as to what to do during the process.

The legal remedy is to file a civil suit for permanent injuncton with temporary innjunction under O.39 R. 1&2 C.P.C., but your success is remote,as she is still your wife as marriage is existing.