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Originally posted by : Sudhir Kumar
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1. I have taken a rented accommodation. Can the girl still come to my parent house for forceful entry; alone or with police;
She can come wherever you are
2. Can my mother loadge a complaint to police or can approach to court for restricting her to enter her home;
mother will complaint for what offence?
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Originally posted by : Sudhir Kumar
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Police has no powers to stop a wife from entering where her husband is living.
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I disagree to one liner reply by Lord @ Sudhir Kumar as he did not read specific highlighted questions of queriest properly.
For queriest question 1 - The queriest wife's only defence to entry in parents property is that the property is her matrimonial home. The said defense has also been dealt with in various decisions of the Apex Court wherein it has been held that a woman has no right of residence in the property of her in-laws under the provisions of Protection of Women against Domestic Violence Act, 2005. Ref.: Sardar Malkiat Singh Vs. Kanwaljit Kaur And Ors., [RFA No.183/2006 and CM No.4575/2006, dated 12.03.2010 of D HC], on almost similar facts, referred to judgment of the Supreme Court in the case of Ref. ;S.R. Batra Vs. Smt. Taruna Batra [2006 (4) Crimes 433]
This queriest has also made a statement in his detailed query that he who is husbanf is residing separately taking up a rented accommodation as his wife has initiated the proceedings u/s 323/341 IPC against him and both have strained relations.
The Division Bench of D HC in the case Ref.: Shumita Didi Sandhu Vs. Sanjay Singh Sandhu & Ors.[2007 (96) DRJ 697] has also held that once the husband is alive, neither the father-in-law nor the mother-in-law has any duty to maintain the daughter-in-law, and the daughter-in-law has no right to reside in the property of her in- laws which is not a matrimonial home, nor a "shared house" and once the parents are owner of the property and the premises is not matrimonial home and the husband is living separately, the daughter-in-law would not have right to stay in the property.
In the evolving facts of this queriest, admittedly, the husband is not residing at his parents property which exclusively belongs to his parents, he is saying that he is residing at a rented property and has been disowned. Therefore, in view of the settled law, his wife cannot have the right to reside in his parents property and she would be having no claim of shared residence at parents property.
I mean how difficult is that to tell to queriest instead of saying a simple “YES” for that you applied your mind into? General public asking query by giving more facts expect better reply from Experts is my view.
Hence wife cannot come to his parents house and make an attempt for forceful entry either alone or with advisors or even with police as above case laws support his parents. He should take printouts of above case laws and handover to his parents in case such events happen. These are preventive advice.
For queriest question 2 - Against above backdrop read with remedy available based on evolving questions of the queriest, the queriest mother (either parent as the title owner whosoever is) should immediately file a civil suit for permanent injucntions and mesne profits against daughter-in-law annexing title deed of property and disownment notice true copies to protect herself against any future events. If mother is senior citizen then she can also file an separate application along with above civil suit for Urgency and day-to-day hearing.
I mean how difficult is that to tell to queriest instead of saying a simple “MOTHER WILL COMPLAINT FOR WHAT OFFENCE” for that you applied your mind into? General public asking query by giving more facts expect better reply from Experts is my view. How bad will the situation come to in future if suppose wife occupies forcefully queriest parents property where she has no rights whatsoever and then would you as an Top Expert of the forum advice him to file suit for eviction/ possession, permanent injunction and mesne profits against her (daughter-in-law) I mean people seek preventive advice so that they can prevent possible events and not left defending strange removal once she occupies the property?
Third – Lord, by simply saying based on reading queriest recent facts that "Police has no powers to stop a wife from entering where her husband is living." does not mean anything in preventive Law. I am under impression that you know that police has powers when in backdrop of evolved facts to invoke S. 107 / S. 110 CrPC which are punitive powers which is permissible and for the same simply saying 'police has no powers to stop a wife from entering where her husband is living' is wrong for a simple fact husband is living in a rented accommodation and the question he is asking is about his parents property where breach of peace is bound to happen in future and unless one prepares the queriest - parents he will remain remedy less if your one liner reply to be followed by this queriest then he - his parents will be doomed which colly. are legal views written in peace and bliss.
If the policeman has reason to believe that a person in public place is facing a threat - breach of peace from another person, he can invoke Sections 107 and 110 of the CrPC and make him - her sign a bond of good behaviour. The policeman can also ask him - her to get another person known to him-her to stand surety for him - her.
Lord @ Sudhir Kumar, you may take my direct disagreement as and how you feel so but I could not stop providing exact legal remedy to two questions he further asks the forum.
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