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Can wife force and stay at husbands house after filing false cases
06-Feb-2023 (In Family Law)
my brothers wife has filed a case of domestic violence and dowry demand. Now they both are living separately. My brother lives with his parents and now she wants to come and stay with him at his house. we dont want her to come and stay with us there, what can we do legally?
She cannot forced you. But if she has orders from court in DV or any other case to live in same house or called matrimonial home. U cannot stop except u have any alternative remedy in law. You cannot infringe her right.
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Adv. Akhil Verma
Delhi | 400+ Answers
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A married woman had legal right to stay with her husband under section 9 of Hindu Marriage Act. If your brother still does not want to live with his wife he can file a petition for judicial separation or Divorce
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Adv. S N Shukla
Delhi | 25+ Answers
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If they had been staying with his parents at their place since marriage then it becomes a shared household. In that case she has legal rights to get a residence order to stay at that house. Your brother should start living in a rented accommodation. If the property is not co owned by your brother you can persist in court that the wife cannot live there.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Hi,
Could you please clarify, if the house belongs to the husband or his parents? If the house belongs to the parents, the daughter-in-law has no right to stay there. The parents can file an injunction suit against her. However, if the house belongs to the husband, then the wife has a right to stay in that house. In that case, the husband can move out of that house and stay in a rental accommodation or any other house leaving the parents to stay in that house. However, the wife has a right to stay with the husband, wherever he lives or in the alternative entitled for maintenance, whichever suits her . Meanwhile, the husband can also file for a divorce against his wife.
Could you please clarify, if the house belongs to the husband or his parents? If the house belongs to the parents, the daughter-in-law has no right to stay there. The parents can file an injunction suit against her. However, if the house belongs to the husband, then the wife has a right to stay in that house. In that case, the husband can move out of that house and stay in a rental accommodation or any other house leaving the parents to stay in that house. However, the wife has a right to stay with the husband, wherever he lives or in the alternative entitled for maintenance, whichever suits her . Meanwhile, the husband can also file for a divorce against his wife.
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Adv. Swati Ghildiyal
Delhi | 25+ Answers
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Defend your case first. There are chances that she will get residence order in her favour. If you don't want to continue your marriage you can file a divorce case against her. If you are ready to live with her then tell her that first she withdraw her case then only you will accept her. Choice is yours. How you want to proceed. Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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