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sandhya (***********)     07 November 2012

Husband & his family ran away to usa can i get enter in home

I got to know by my neighbours of my matrimoneal home that my husband & my parents inlaws has ran away to USA ..They all had Visitor Visa of USA ...& i know they might not come as they know they are guilty & will be punished in 498a ....

 

Can i enter legaly  in my matrimoneal home by breaking locks ?? Or Do i still need Residential order of DV?

I read many cases & also seen in my area too , that husband & inlaws ran away & woman is living in the house by breaking the locks of the house without any order & after that if husband & family came back they need to go to the court to through the girl out by restraining order or disowning the son ....Is this true ??



Learning

 8 Replies

Ranee....... (NA)     07 November 2012

Don't do forcefully.

Contact hubby n family if they don't allow to stay there then only take legal help.For that contact a seasoned lawyer.

sandhya (***********)     07 November 2012

Thanks Ranee... But i dont have their USA contacts ....

yogesh (will tell you later)     07 November 2012

nO iT MAY AMOUNT TO TRESSPASS IF IT BELONG TO OTHER PROPERTY

Adv. Chandrasekhar (Advocate)     08 November 2012

If u have stayed in that house after marriage for any period of time, then only u are entitled to get residential orders. If so, approach the court under DV Act and get residential order and enter the premises.  I can understand your predicament that when the respondents  are living abroad and without serving them notice, how can u get the residential orders.  There is a provision to get ex-party interim relief in DV Act.  By using that provision, you can get relief.  It may also be noted that as they have gone on tourist visa, they cannot stay in USA for a long period and have to come back. 

stanley (Freedom)     08 November 2012

@ author

1. Have you filed 498 A  it is not clear from your thread .

2. The house is on whose name is it on your husband name or your in laws name . 

3. if they are on a visitors visa normally it is for a duration of a month of 3 months or 6 months the duration of stay would be specified and they would return .

4. you cant enter the house by breaking the locks they would file a case of theft aginst you for any missing items from the house and than you would languish in Jail .you require a residential order form the court 

 5. if Dv case is filed than where would the summons be served :(

rajiv_lodha (zz)     08 November 2012

Even if u r successful in residing there for some time....say 2-3 yrs, they can easily implicate u in various criminal cases apart from evacuating u. So think about consequenses, its criminal to break locks & start living in some house with consent of the owner, even if its matrimonial house. Its quite possible that this house may be a self acquired erty of the parents in which case u do not have any legal stand to stay over there.

So better be on right side of law rather than repenting afterwards by this adventure

sandhya (***********)     11 November 2012

1..Thanks to all... 498a is filed so they ran away without getiing a permission of a court...& as my brother inlaw is a citizen over there, i m sure they will stay for some long time by making dramas of illness or something else.....They have neither informed at police station nor in the court ,What may happen if they do not apear in the court for the trial of 498a?

 

2..The house is on jointly on my mother inlaw & father inlaw's name & my husband contributed financially to make a second flloor of the house ....I have some call recordings in which he is saying about his expences for that & asking those money from my father ....They have not sold that house & ran away.... & not provided there USA adress to any one....So in this situation no one will receive court notice at there home ...so will i still get a residential order without respondent ? & if yes than how much time will it take?

 

3..& a lawyer from woman ngo is saying me that my inlaws have became criminal in the eyes of law by running away without taking any legal permission , so in future they will be afraid to call police as they know they will be caught first ... Is this true ?? Should i informe these to police station ??

sandhya (***********)     11 November 2012

And yes after marrige i came to that house by " Gruh pravesh "..& stayed only in that house with my husband not any where else...My all the residential proufs are on my matrimoneal house ....


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