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harrassed (SE)     06 November 2014

Possibility of filing injunction

Hello All,


My wife has already filed a false complaint 498A against me and my parents. Now she is occupying (with her mom. Dad visits often as he is a government officer) my place and unfortunately I'm staying outside for rent. Is it possible for filing injunction suit against her and her parents. Will it be safe considering that she had already filed case against me and  I'm fighting it legally.

Please advice



Learning

 5 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 November 2014

Dear, Injunction is no problem, but why wanted to file. Does she create any problem after visiting there. Adv kapil chandna, 9899011450

Adv. Chandrasekhar (Advocate)     06 November 2014

Details wanted. If you are staying there, you can seek injunction against her parents on the ground of interference, but not against wife.

T. Kalaiselvan, Advocate (Advocate)     07 November 2014

Your wife has rights to stay and live in her matrimonial home, you cannot ask her to vacate but you always can restrict third persons unnecessary entry into your house, be it her parents or relatives or friends.  If they do not pay heed to your request, you may object to their entry and can lodge complaint against them if they behave unruly to your objections and also can file an injunction suit against the frequent visitors.  Consult your lawyer and take a decision on his further advise.

harrassed (SE)     07 November 2014

Thanks all for the prompt response.

Wife and her mom are staying in the house. If I enter the house then she is creating drama saying that I have hit her and running to police station. She is saying that her mom is there to take care of the kid. Is this a valid reason for her mother to stay in my place?

Please advice.


(Guest)
Originally posted by : harrassed

Thanks all for the prompt response.

Wife and her mom are staying in the house. If I enter the house then she is creating drama saying that I have hit her and running to police station. She is saying that her mom is there to take care of the kid. Is this a valid reason for her mother to stay in my place?

Please advice.

It is high time that you approached court with civil injunction to move the mother in law out of your house. There appears to be no understanding between you and your wife, nor you and your Mother in law.  In all of this you are left with no other option than approaching court. You are simply wasting time on the forum by asking same question in different ways, if you dont act swiftly, chances are that your wife and your MIL may throw you out of your own house.  Beware.

Options for you are 1 as described above.  Or 2, learn to keep wife under control.  Ask sternly MIL to move out.  This is what happens when one lets loose the wife. 


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