Please help

From the first reading there can be countless possibilities. However you need to clarify whether you reside with your parents and if yes then she has right to move to her matrimonial home.

Suppose not

Then arbitarily she cannot move to the home which is ancestral, when only she has right on it, although I think the amendments is still on the go.

She has right to residence where she last resided with her husband,but arguement follows once the husband vaccated that place and keep calling her wife to reside with him at seperate place.

Here,tell the person on whose name is property to file civil suite for injunction against her and her parents.

If husband doesn't live with her at such place then she is not bound to live against their will.

@ sufferer------- i don't want to reside with my wife at a rented place.... i want her to live alone at that rented house............ property is not on my father's name....its ancestral................ so u think under dv act can she be evicted??

^ above,

No you can't force her to stay alone at rented home,it's her wish to live there or not? That's why I have suggested you to call her at that place where are you living,if she denies then,it's mental cruelity given by her to you.as she deserted you without any reason.Here you can appeal either for RCR or divorce.

If that property is ancesstoral then also she can't deny to live with you,but if you have child then he/she would be entitled to live there.As childs heritance right on fathers ancesstoral property.

Originally posted by : ksh*tij
	domestic violence case filed by wife is going on wherein she asked for an alternate accomodation because at that time she was at her parental home.......later she returned on her own and presently she is living in my parents house.... i want to provide a rented accomodation to my wife so that she is out of the house............. i have stated in the court that now i am willing to provide a rented accomodation to my wife.......but in the court she has refused to go on rent......she says that she wants to stay in her matrimonial house only............ so the judge said "that her opinion will be taken and things will move according to the law" and then the judge gave a date.......... my query is: 1.matrimonial house is an ancestral one so can she be evicted?? Eviction only possible if it is self earned property of your parents. 2. is it mandatory to file an eviction suit in the civil court? 3. she stayed with me fr 3 years in the house so it means its a sharedhousehold? and it means she can live there ? Yes. 4. is it possible to evict my wife under dv act?? No.

i don't want to reside with my wife at a rented place....

Ok, but then be ready to face false cases like DV and 498a, or at least a complaint to police station that my husband is absconding.

i want her to live alone at that rented house............

Ok, but then be ready to face false cases like DV and 498a, or at least a complaint to police station that my husband is absconding.

property is not on my father's name....its ancestral................

ancestral property means you cannot do anything, at the most can file a civil injunction saying that your wife is a pain in the arse of age old parents, then she can be kicked out.

so u think under dv act can she be evicted??

I can tell you from my own experience. I am fighting a contested divorce case since more than 2 years. The house where i lived with my wife belongs to my mother. My wife had filed a DV against me and my mother to secure her right to residence. Meanwhile, my mother also filed a civil injunction suit. Now its been more than 1.5 years that i have moved out and am living on rent. But my wife still forcibly occupies a whole floor in my mother's house wrecking havoc for my parents. As per the replies, it is correct that a wife cannot reside in mother's self earned property, that is not a shared household. However, in practical terms, i am seeing it...the delay tactics. She first filed an application that as per the current value of the house, this matter doesn't come in mumbai sessions court's jurisdiction. Its taken 2 years for an order to come on that... and now she has filed a writ against it in high court. The case has yet not actually started. Since 2 years, she has not submitted her written statement. thrice the judges got transferred, then court vacations... its been dragging. Now i am living alone on rent... and my old and ill parents are suffering at the hands of my cunning wife who refuses to leave. I have offered her an alternate rented accomodation in court..but she doesnt want to leave the MATRIMONIAL hHOME EVEN IF THE HUSBAND NO LONGER LIVES THERE. This clearly shows her Greed based on the value of my mothers property.