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Vishal Kumar (Asst. manager)     19 March 2013

Permanent injuction petition against wife

My wife has filed a false dowry complaint with CAW and mentioned in the complaint that she wants to live with me. From last 9 months she is living with her parents and I am also not living with my parents for last 10 months as I am working in a different state. Can I file a permanent conjunction petition to stop my wife to enter forcefully in my home (I think she will try this).



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 14 Replies

Manish Udar (www.Mehnat.IN)     19 March 2013

Yes you must do this.

www.mehnat.in/wives.html

Vishal Kumar (Asst. manager)     19 March 2013

I read your article about wife which is really very good.

On what ground shall we file our case as we don't have any evidence and she never threatened to do that but I am sure she will do it very soon and I don't want to wait for that moment. Can we mention due to false complaint filed by her with CAW so till the time the final judgement comes on the complain court must grant permanent conjunction.

Manish Udar (www.Mehnat.IN)     19 March 2013

Your lawyer will prepare your petition. You tell him the whole story, there will be many grounds which he will discover when you tell the whole story.

Reformist !!! (Other)     19 March 2013

Yes permanent injuction can be file, but but........it should be filed by your parents that you are staying in different city and she can cohabitate with her husband but cannot enter in their premesis (i.e ur parents house).

Court will grant u interim stay for sure on this basis.

 

Vishal Kumar (Asst. manager)     19 March 2013

Thanks for the response. Can you sight me any case where such order was passed by the court.

Reformist !!! (Other)     19 March 2013

Vishal, Pls let me know do u want ur parents to file injunction or u urself wants to file it. There is a huge difference in both scenarios. Accordingly, i can give u sm judgements.

Vishal Kumar (Asst. manager)     19 March 2013

I dont know the difference. All I need is she should not forcefully enter in my home which is in my mother's name where my parents live. I am living 600 kms from there so she won't come and live with me when the case is still pending.

Now please suggest who should file the case

Reformist !!! (Other)     19 March 2013

Yes than ur mother should file a permanent injunction suit against u and ur wife (both).

She should quote that she has an apprehension that ur wife will come and will create some ruckus and they do not want to disturb their peaceful life. Also mentionabout 498a complaint and ask her to mention that u do not stay with them as u r having ur job smwhere else.

Manish Udar (www.Mehnat.IN)     19 March 2013

My father made only wife and her family respondents in his petition. I continue to live with my parents. I am withdrawing the petition as a result of a compromise. Ask Shonee Kapoor the details. He is my lawyer.

rajiv_lodha (zz)     19 March 2013

One realated question. If boy is living 20 Kms away from wife's parents place, in separate house n apprehends invasion by wife. rest of the conditions u assume are same.

In this condition, divorce has not happened yet. CAN THIS HUSBAND SEEK PERMANENT INJUNCTION AGAINST WIFE? Does law provide this option t such a husband?

Reformist !!! (Other)     19 March 2013

Yes Rajiv, it can be done but not by you. It should be ur parents house and they can file injunction suit.

U cannot file suit against her to enter ur house i.e house on ur name.....she can take protection order in DV otherwise or even in injunction too

Reformist !!! (Other)     19 March 2013

I did not understand this Manish jii

Reformist !!! (Other)     19 March 2013

 

My father made only wife and her family respondents in his petition. I continue to live with my parents. I am withdrawing the petition as a result of a compromise. Ask Shonee Kapoor the details. He is my lawyer.


 
I do not understand this Manish jiiiiiii

Manish Udar (www.Mehnat.IN)     19 March 2013

Shonee is on this forum, ask him, it can be done this way also.


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