ragz hyder (PM) 19 December 2012

Girl threatens forcing into in-laws home

I am an NRI going through a divorce. I have filed for divorce and the petition will be in court soon. I do have a property - a flat mortgaged to bank and being paid by me - currently under rental. I dont live in India. My parents do and they have a house - a product of their sweat and blood of a lifetime - not ancestral.

The girl is threatening to barge into my parents house - currently locked since they are visting me. Can she really do it. If she does it can I get her arrested? Can she do it to my apartment - in my name but under mortgage.

Doe she have any rights to any property whatsoever other than maintenance. Typically what is the quantum of maintenance in AP - she is earning as a software professional and has a B.E in computer science

Please - only those who know facts/law reply.

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8 Replies

Rahul Kapoor (Legal Enthusiast) 20 December 2012

hello,

Does she has a resedential order from court ?

if wife is working then prove it same in court and she will not be entitled to maintenance.

regards

rahul.gogreen@gmail.com

ragz hyder (PM) 20 December 2012

I dont know if she has a residential order from court. Maybe they are in the process of acquiring it. However the property is of my parents. How can she force herself there? I mean seriously wtf?

Rahul Kapoor (Legal Enthusiast) 20 December 2012

she will never have any right in your parents property under any circumstances.

if u can then dispose of the property which is in your name.

Advocate Rajeev 9654767726 (Advocate) 20 December 2012

Regarding Parent's Home: She can't do it in your parental property since right to residence for wife is only limited with the house of Husband not parents. for the caution your parents should seek injunction for their home. it would safe gaurd their house fully.

Regarding Your Home: she could seek right to residence in your property but it is already under rental agreement hence need permission. since she is well earning hence difficult for her.

stanley (Freedom) 20 December 2012

She cant barge into your parents House . If at all she has to barge into the property owned by you she would have to file a domestic violence case and seek an order from the court which mean right to residence .

Now as you say she is earning and is a software professional your counsel would have to argue as and when you receive the summons that she is being provided a Housing rent allowance by the company and hence can very well seek a rented accomodation from that . Alternatively you can dispose of the property you own .

dr g balakrishnan (advocate/counsel supreme court) 20 December 2012

as long as she is your wife she can barge into matrimonial home and that is no tresspass.. dr g balakrishnan advocate Bombay high court on original side rapid analysts@gmail.com

1 Like

rajiv_lodha (zz) 20 December 2012

See, she has no legal rights on ur parents property, but can have RESIDENTIAL RIGHTS IN IT IF ITS A SHARED HOUSEHOLD. So the path is slippery. Moreover, it becomes very difficult to EVACUATE a holed up DIL form FIL/MIL house. Law often takes side of such abla naari & so DV is used as a property-grabbing tool.

Civil Injunction by parents is the effective method