Wife trying to enter house owned by mother forcibly: no Interim Order in Permanent Injunction Petition

Dear sir,
I need your help. I got married in April 2008. I have one child who is 4 years old. I have experienced many bad situations in the past due to my wife and her parents. Now she is not living with me and is with her parents for more than the last 7 months. I have also filed a divorce petition against her as she is not ready to end the matter mutually.

She left the house where I used to live with my parents(my mom is the owner) on 17-04-2013 after filling a false complaint about dowry demands along with mental and physical torture on her by my family. Again on 12-09-13 she filled another complaint of DV in the police station. After that she came to my parent's house on 19-09-13 and forcibly tried to enter the house and managed to get into the compound of the house. Somehow we were lucky enough to evict her on that occasion.

But now we are again under threat that she will come again with her family and relations and this time she will sit in front of the house contentiously and forcefully enter the house by any means. Now my lawyer is saying that if she manages to enter our house we cannot by any means force her legally to get out and we should take precautions so that she should not enter the house. Now I am worried that if somehow she enters the house then we will not be able to do anything. My parents have filed a case if injunction against me and my wife but we were unable to get the stay orders and the date we got from the court is one month away. What should I do in this situation?

Regards,
Kuldeep Singh

asked

Answer:
If a stay order has not been granted and your wife comes and tries to enter your mother's house, you can make an emergency call to the police and show them that you have filed a divorce petition. Also show them the copy of your mother's suit for permanent injunction as well the copy of her false dowry complaint. The police may help you in such a case to get her out of your mother's house until the case is decided by the court.

Avnish Gupta
Advocate



Published by Manish Udar

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Last updated on 05th November 2013
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