Wife adamnt about not vactaing my parents house

friends, please offer your suggestions . if you need any more details, please ask me.

Bob  Marley and the wailers . Have a Beer and relax  now consult a lawyer and go ahead . 

1. The petitioner is aggrieved by an order dated 4th January, 2006 passed by the learned Additional Senior Judge allowing an appeal of the respondent against order dated 24.5.2005 of Civil Judge dismissing an application under Order 39 Rule 1 and 2 CPC.
2. The respondents had filed a suit making petitioner, their son and in-laws of the son as defendants wherein they prayed for permanent injunction. An application under Order 39 Rule 1 and 2 was made that the petitioner and other respondents be restrained from forcibly and illegally entering into their house No. B-2/23, Phase-II, Ashok Vihar and from interfering with their peaceful living. The petitioner is wife of Sh. Vikas Mittal son of respondents, Smt. Kanta Mittal and Sh. Ram Kishan Mittal.
3. The learned Senior Civil Judge while allowing appeal observed that wife has a right to live in the matrimonial home after marriage but there was no specific definition of matrimonial home. However, matrimonial home was not just a building made of bricks and walls. It was a home/place comprising of sweetness of relations of family members and elders, full of blessing. In the matrimonial home, matrimonial rights and obligations are to be equally observed. Practically speaking, the residence of husband should be the home of the wife where both the spouses have equal right to reside.
4. The learned Senior Civil Jude found that in this case, the respondents were parents of Sh. Vikas Mittal and in-laws of Neetu Mittal (petitioner). They had separated from their son. The son had taken a flat in Rohini for his own residence and residence of his wife. The son and his wife had agreed to shift there on 10th May, 2005 under a compromise arrived at Police Station. However, the wife did not stay in the flat at Rohini. Her grievance was that flat was not habitable due to deficiency of fan, cooler, etc. Thereafter, she asserted that she had a right to live in her in-laws' house in Ashok Vihar and she wanted to forcibly live there which compelled respondents no. 1 and 2 to file the suit. The learned Senior Civil Judge found that the respondents were aged parents. They had shown by filing medical record that they were suffering from various ailments and at this age of their life they have a right to live peacefully at their home. Since the relations of petitioner were not cordial with them, there was every likelihood of breach of peace to the detriment to their mental and physical health. Due regards have to be given to their rights. It was a admitted fact that the respondents and petitioner could not live together under one roof with peace and harmony. The common use of dining and one kitchen would create further problems and a situation may come when parties may everyday land up at Police station or in the Court, fighting on minor issues.
5. Learned Sr. Civil Judge also observed that the respondents(parents) even apprehend danger to their lives and dignity, as per the complaint made by them to the Police. Under these circumstances, the learned Senior Civil Judge allowed the application under Order 39 Rule 1 and 2 CPC and restrained the defendants (petitioner herein) from forcibly entering into their house and disturbing the peaceful possession of the respondents.
6. Counsel for the petitioner argued that the petitioner being wife of son of respondents no. 1 and 2 has a right to live in the matrimonial home and no injunction could legally have been issued by the learned Civil Judge. She referred to Protection of Women from Domestic Violence Act, 2005 and argued that the right of women to live in the shared household was to be protected by every Court and the house of in-laws was a shared household and a matrimonial home and she had a right to live there.
7. In S.R. Batra vs. Taruna Batra AIR 2007 SC 1118, Supreme Court observed as under:
?16. There is no such law in India, like the British Matrimonial Homes Act, 1967 and in any case, the rights which may be available under any law can only be as against the husband and not against the father-in-law or mother-in-law.
17. Here, the house in question belongs to the mother-in-law of Smt. Taruna Batra and it does not belong to her husband Amit Batra. Hence, Smt. Taruna Batra cannot claim any right to live in the said house. xxxxx xxxxx xxxxx
27. Learned counsel for the respondent Smt. Taruna Batra has relied upon Section 19(1)(f) of the Act and claimed that she should be given an alternative accommodation. In our opinion, the claim for alternative accommodation can only be made against the husband and not against the husband's in-laws or other relatives.

28. As regards Section 17(1) of the Act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member. The property in question in the present case neither belongs to Amit Batra nor was it taken on rent by him nor is it a joint family property of which the husband Amit Batra is a member. It is the exclusive property of appellant no.2, mother of Amit Batra. Hence it cannot be called a 'shared household'.?
8. As observed by the Supreme Court, 'Matrimonial home' is not defined in any of the statutory provisions. However, phrase ?Matrimonial home? refers to the place which is dwelling house used by the parties, i.e., husband and wife or a place which was being used by husband and wife as the family residence. Matrimonial home is not necessarily the house of the parents of the husband. In fact the parents of the husband may allow him to live with them so long as their relations with the son (husband) are cordial and full of love and affection. But if the relations of the son or daughter-in-law with the parents of husband turn sour and are not cordial, the parents can turn them out of their house. The son can live in the house of parents as a matter of right only if the house is an ancestral house in which the son has a share and he can enforce the partition. Where the house is self-acquired house of the parents, son, whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents upto the time the parents allow. Merely because the parents have allowed him to live in the house so long as his relations with the parents were cordial, does not mean that the parents have to bear his burden throughout the life.
9. Once a person gains majority, he becomes independent and parents have no liability to maintain him. It is different thing that out of love and affection, the parents may continue to support him even when he becomes financially independent or continue to help him even after his marriage. This help and support of parents to the son is available only out of their love and affection and out of mutual trust and understanding. There is no legal liability on the parents to continue to support a dis-obedient son or a son which becomes liability on them or a son who dis-respects or dis-regards them or becomes a source of nuisance for them or trouble for them. The parents can always forsake such a son and daughter-in-law and tell them to leave their house and lead their own life and let them live in peace. It is because of love, affection, mutual trust, respect and support that members of a joint family gain from each other that the parents keep supporting their sons and families of sons. In turn, the parents get equal support, love, affection and care. Where this mutual relationship of love, care, trust and support goes, the parents cannot be forced to keep a son or daughter in law with them nor there is any statutory provision which compels parents to suffer because of the acts of residence and his son or daughter in law. A woman has her rights of maintenance against her husband or sons/daughters. She can assert her rights, if any, against the property of her husband, but she cannot thrust herself against the parents of her husband, nor can claim a right to live in the house of parents of her husband, against their consult and wishes.
10. I therefore consider that the order passed by the learned Senior Civil Jude granting injunction does not suffer from any illegality and the petition is hereby dismissed.
September 30, 2008 SHIV NARAYAN DHINGRA J. ak

more advise please. Mr.Stanley , would u like to advise regarding my moving out and stop supporting her financially.

The Batra vs. Batra Supreme Court case cited above is known to all Judges deciding on disputes involving matrimonial house. It is well-settled law that your wife has no right to your parents' house and in particular if you have a separate residence where she is welcomed to stay with you. The key to your problem, from a practical point of view, therefore, is not whether your wife has the right to stay in your parent's house or not, but rather how to practically stop her from coming there. 

One way is for your parents to file a civil suit against her seeking a permanent injunction. Second is for your parents or someone through them to physically throw her out of the house. Let her then go to police, etc. and file a case. Let your parents assert self-defence and let witnesses be present to support your parent's case. You need to plan this properly but it would be a permanent solution. I would prefer the second option as it is tantamount to a tiger marking his territory. It discourages others from making any attempts to enter. The first approach is a lame one, but effective too. It will take time... lawyers, etc. In the second option, your wife will have to do the lawyering... Have her kicked out of your parents place, IN STYLE. Problem over!!! Remember in matrimonial disputes, JO DARA WO MARA!!!

more suggestions please . thanks in advance.

Your parents wil hv to file a Suit for Injunction under order 39 R 1 & 2 of CPC against you and your wife

anamika_vichare@rediffmail.com

Purush Hakka Saurakshan Samittee

Dear Bob,

As rightly adviced by the experts above ,In continuaton with this.......

1. Your wife in not legaly entitled to enjoy the residence of your parent's if your are not present there.

2. If you have decided to change the address and willing your wife to join there for the cause of happiness and peace among your family member's then no women law on earth will support her as the previous house is own your parent's name.

3. Without any delay ,just shift to your new address.

4. Call your wife to join you there,if she fail's make sure write a registered letter or speed post letter to her and keep that for your further evidence.

5. If she still doesn't join hire a local lawyer send one legal notice to join you if again falied then there there is no harm to proceed for the legal action's against her marital duties and your conjugal life.

6. It seem's that her Parent's have higher interference in your marital life which very lethal for making your marriage dead.

7. Talk to her smartly,as what she want? why she doing like this? keep that conversation as for record purpose,try to evacuate her bad intentions on phone while recording.

8. If again all doesn't goes in right direction and she is hell bent to harass your parent's then ,tell your mother to file DVA against her parent's who are interfering in her domestic house and make sure put your wife's name also in that.

9. After filing DVA without delay ,file permanent injunction to restrained her and her parent's in your mother's home attaching the copy of your notice to her that you have called prior to that but she failed to join you. You have got a very good case.Don't worry if she will continue like this then she will loose maintenance also for the cause willful desertion by wife.

10. And for her fake cases just say her that from your end also file 2-3 more cases,as these cases have no use....as the ultimate looser will be she only.

11. After this I don't think you need to do anything except filing divorce if she is not a husband oriented wife.

Best of luck.

@ author 

You have been rightly guided by the above . 

1. Regarding you moving out to the rented place is your call as you dont want your parents suffering in their old age . 

2. As for maintenance you have to put forth your wifes details like 

a) Is she qualified 

b) Is she a working women .

c) Has she worked in her life earlier . 

Since if it is none of the above and should she approach the court for maintenance u/s 125 of crpc ,HMA 24 or U/s 20 of the  DV act she would be granted maintenance .

Dear Stanley and Sufferer,

       thanks for your reply, but you mis-understood my query. Wether she gets any maintenance or not after she files for DV is a later issue. For that first she will have to file DV against me.

        But till that happens,(after i have move to the rented accomodation) should i continue to pay her monies and she happily keeps squatting at my parents home, or should i clearly tell her that, either you come and live with me as my wife and all your responsibilities are mine, or else you may continue to keep squatting there , but dont expect any help from me. Should i also give this in writing to her, in my notice to her and her father.

         Some one suggested, that to be on the safe side, i could pay her by cheque. But i think it could go against me, if she went to court with DV and produced it as evidence as what i was willingly paying her and this would become the basis of the courts decision, where they would only hike it further.

    Please advise.

Bob, 

Given that you are clearly a chicken-hearted boy, @Anamika's one-liner is really all that is relevant advice to you.  In the interim move to your new rented place, with or without her. Welcome her when she decides to join you. Do not complicate things with too many "What ifs?" The voluminous discussion is simply irrelevant at this time.

Originally posted by : bob
	thanks for your reply, but you mis-understood my query. Wether she gets any maintenance or not after she files for DV is a later issue. For that first she will have to file DV against me.         But till that happens,(after i have move to the rented accomodation) should i continue to pay her monies and she happily keeps squatting at my parents home,   Dont pay her a single penny.   or should i clearly tell her that, either you come and live with me as my wife and all your responsibilities are mine, or else you may continue to keep squatting there , but dont expect any help from me. Should i also give this in writing to her, in my notice to her and her father. No need to give in writing.. read on below advice.          Some one suggested, that to be on the safe side, i could pay her by cheque. But i think it could go against me, if she went to court with DV and produced it as evidence as what i was willingly paying her and this would become the basis of the courts decision, where they would only hike it further.     Please advise.

Your approach toward the case is not proper one.

Though you have made a rented accomodation which is a good move.

You should have forcibly taken her into that rented accomodation with you, without consulting the baggage [your FIL n MIL]

The question of partition of your father's house does not arise at all, such can be done after his time is over and that too if he writes such in your name.

A) Now too, you can drag your wife out of the house to that rented accomodation, [trick her that you are taking her out to a restorent etc, make sudden arrangements to move items required for daily life for your rented accomodation an move in, all this you have to do this by surprise]

If A) is not possible for you to do,

B) then ask your dad and mom to file a civil injuction case citing old age and ask court to direct the DIL to move with the husband in separate rented accomodation.

Even if B) is not possible,

C) ask your parents to throw her out of the house, approaching each and every situation in legal way is not always the right thing.  

D) File divorce case [based on desertion, as she is not wililng to join you at rented accomodation and mental cruelty with regard to the same] directly without giving any notice to your wife  who is staying at your parents house, the moment she recieves the divorce pettion via court, she will definitely move out of your parents house.

Friend do u want to save ur marriage ?

Dear Bob 

as per my opinion, You parents should filed a suit for eviction along with permanent injunction against your wife. the court have power to pass an order in your parents favour.

if she filed any maintenance case then argue the matter before court with the submission that you are ready to live with her in rented accomodation, if the court pass an order against you you can file an appeal before session court.

Feel Free to Call 

In my view, parents shud file civil injunction case against u as well as ur wife. Interim oredrs can be obtained soon.

2nd option is -- Ur mother filing DV case against u and ur wife.

Throwing her out by parents doesnot seem possible as u said fragility.

As members have suggested, take her out for few hours & somebody shifts ur belongings in a lorry to ur new rented house........now offer her to reside wid u for ever there. Assure that ur parents may physically guard their house well in case wife reached there for some drama!