Entry in matrimonial home

talk to a lawyer and file a case under The Protection Of Women From Domestic Violence Act, 2005.Search the Act in googles read it  and talk to a local lawyer.You can find a lawyer in this site also.

1. You have a right to stay in shared household - i.e where you and your husband established your hearth after marriage, after you have moved out and established matrimonial home somewhere else, and especially where his parental house is in his parents name, after the judgment of Taruna Batra - there is little you can do.

2. IF you are financially not very strong - seek maintenance. Raise the counter claim of RCR if your husband has left you without reasoanble cause.

3. Where is the divorce filed ?? If it is not in your state - you can try getting it transferred via the Supreme Court

Dear Smriti Ji,

Firstly no one divorced his/her sopuse without reason.

Secondly you have all the rights to protest against your husband false divorce case & your inlaws torture.

Thirdly Police is bound to registered your complain.

Fourthly don't hasitate to take the help of Women Welfare Organisation and Human Rights Organisation.

Do also take the help of media to save your legal and human rights.

Fiftly do inform your parents & relatives about the situation,don't feel shame b'cos you are not the culprit .

Sixthly try to communicate the first wife( as you mentioned she attempted  but not mentioned wether she is alive or died) of your husband as her statement against your inlaws will strong your stand. if she is dead to take the police report of that death as it will help you.

Finally  entered in your matrimonial home with local help and consult a good knowledgable Lawyer if possible.

In the domestic violence Act, you have got residential rights to stay in your matrimonial home, irrespective of whether your husband or you have got property rights in the said matrimonial home.  But to deprive the wife's residential rights, husband and his parents play innumerable games, in which the game which you described in your question is one.  The hon'ble Supreme Court in Tarun Batra's case, explained the rights of a wife in matrimonial home.  But that case is not applicable in your case as the facts are different.  What I suggest you is that you file a domestic violence case and in the petition describe the facts threadbare, including the husband's or his parents' hostile attitude towards to the first wife also and put the cruel acts perpetrated against you.  You will get the relief of residential rights.  Immediately after my filing this response, you will get several discouraging biased responses abusing you as well as me (for encouraging you to file DV case).  Take those discouraging responses as MAD MAN'S frustations and ignore them and file DV case and get the relief as you sought for.

1. Thank your husband that he is meeting 22K rent of the place where he and you are currently living atleast he has not thrown you back to your natal home.

2. When in-laws and your relations are not upto the mark then what is the need to "enter matrimonial home"? Your place of residence is where your husband lives. Your husband is living with you in a rented place. That is your "shared household". You can take protection order for rented place rent under DV Act but you cannot live in matrimonial home if it is in in-laws registered name.

3. Moreover when he has been debarred by in-lwas plus he has filed for divorce how can he put you in matrimonial home? That is why he took rented place to give you "shelter".

4. Debarring means in-laws have debarred their son from property rights as well as from liabilities along with residence rights and once a child becomes adult the responsibilities of parents are over and this adult person is at mercy of parents to live in their home or not.

5. It has so called become "common practice" to disown DIL and son due to DIL design to grab matrimonial properties otherwise social practice does not delves out of blue. There has to be cause and effect for such alleged practices to be socalled as "common practice" as you say in openning of your query and no one would like to do just like that as soon as DIL enters a matrimonial home!. Had it been so today all marriages would have stopped happening.

6. Here are unfortunate case cycles cometh your way:- Husband has already filed for divorce so you need a lawyer to defend your say in his divorce case. One of the above repliers has already suggested to file DV + RCR so there goes fees for 3 cases. It is obvious you are required to file a case for Maintenance too under S. 125 CrPC so there pops 4^th. case fees. Further the socio-legal sari, sindoor and glycerin circle has to be completely justified so two more cases you will be coaxed to file i.e. one on "cruelties for dowry demands" to justify why ‘behavior of in laws are so’ and “proving validity of the dowry case” you have to file a case for “stridhan” by default so there goes 5^th. And 6^th. case legal fees. If you want the case to be transferred to your State then there cometh 7^th. Case legal fees.  Now visualize sitting at 22 k rented place how much are 7 cases legal fees that you have to meet!.

7. Remedy:- Opt for counseling in his Divorce case and let him prove his case. File only DV Complaint case arraying him / his parents. DV has all built provision of above 6+1 cases. You get saved on time + on lawyers’ fees by running only 2 cases in focused manner.

Above replier who is a advocate seems has no confidence in his own advice hence he is disbelieving his own advice given to you and saying what he has to shakily say in his generic last “three lines”. You may follow his advice which is not barred by Law and I am also saying the same thing but in descriptttive visualized manner which bare reading gives a view as to be crude commentary, but I have confidence is saying so unlike above advocate...............! 

I do not get from your post about your intentions ..do you want to stay with your husband..then go ahead and stay with him in rented place ..whats the issue ?? Nobody can stop you.

If you want to have control / stake in your in-laws place then sorry no remedies available to you. You may demand for right to residence in Domestic violence case but again simple answer to that is you can go ahead and stay where husband is currently residing..a rented accomodation.

I read on some post in LCI "Saat fere liye hai to saat case to bante hai :-) "

No point in getting into all these stuff...apply for mediation in the divorce proceedings..and get things sorted out either ways...

P.S. If husband has decided once that he has no interest an do not want to continue with you any more than at the most he can be punished with monthly maintenance / alimony. Nothing more than that...better part the ways and move on in life. Life is not meant for ferrying around the courts.

What is a false divorce case ??? U tried to break ur husband from his family and now u are crying mew mew mew !!!

karma is a b*tch :)

Mrs.Smrithi,

Talk to your husband about your problems and also tell him if he is not ready to take you then you will put a case under DV act. seriousness.  Since most of the husbands are not known the punishment once the case is filed. Automatically if your good husband think over it and take you back to matrimonial life. Here communication in between you and husband is most important. No third person.

Originally posted by : Tajobsindia
	XXX   Above replier who is a advocate seems has no confidence in his own advice hence he is disbelieving his own advice given to you and saying what he has to shakily say in his generic last “three lines”. You may follow his advice which is not barred by Law and I am also saying the same thing but in descripttttive visualized manner which bare reading gives a view as to be crude commentary, but I have confidence is saying so unlike above advocate...............!

Chandu Sir, papaji ko maaf kar do.uska dimag ghum gaya hain..coz Roshni ne usko bhaiya bol diya..ha ha 

BTW you remember onething