Anand Raj 06 October 2017

Forcefull entry by wife

Hi all,

I have filed divorce on grounds of cruelty and dessertion against my wife, as she was away from me since 2years and done many cruelty on me, but the court has put office objection for my petition with respect to juristiction, so it is getting delayed to issue a notice to my wife but now knowing this some how she is now trying to enter my house forcefully with the help of her relatives, but notice has not issued to her and that may get issued soon in a month time may be.. so what can i do at this point of time? expecting as many as possible comments..

thanks

Anand

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5 Replies

SHREY DAMBHARE 06 October 2017

File early hearing application. Get dasti of notice and served personally. Then, let the Court decide.

Adv Radhika Mehta (Advocate) 06 October 2017

Under no circumstances should you allow your wife back in. If she goes to the Police, inform them that you have filed a Petition and the matter is presently sub-judice. They will not interfere. Most importantly, get the objections removed asap. You can also have your lawyer send a legal notice to them.

Vijay Raj Mahajan (Advocate) 06 October 2017

She is still your wife and unless you get marriage dissolved by decree of divorce from the court you cannot stop her to enter the matrimonial home otherwise it will amount to act of domestic violence. You can tell her about the divorce case being filled by you and avoid any marital relationships with her even if she forcefully enters and start living at your matrimonial home. You can inform local police about her forceful entry and divorce case, keep copy of the police report with DD number as piece of evidence for divorce case.

Siddharth Srivastava (Advocate) 06 October 2017

The fact is that you have filed divorce case and you donot want to live with her. Issuance of notice is nothing to do with your filing and pendency of case. File an injunction suit restricting your wife from entering the house. Simultaneously get the objections removed and get the case listed before court. Since your case is still at filing stage and has not listed before court so you can not file any other application like early hearing etc. Consult a lawyer with details.