Domestic Violence - Right to Residency

554 votes

if the houses in your name then you cannot get an order preventing her entry into house. if the house is in the name of your mother or father, can file a case in their name to prevent her entry. if she has no job then you may have to arrange for her alternate residence.

Advocate S.K Prabhakar Shetty LawRato

963 votes

You can get a separate house for yourselves. She can’t insist upon staying in the same house with your mother, unless you want her to.

Please provide more details to Discuss the grounds. This is very little information to asses

Advocate Priyanka Y LawRato

986 votes

It is better that you file a case for divorce, stating all these things that she has said and if you file divorce that can be handy for you to contest her domestic violence case. Not every case of divorce takes time some cases end up within few months, either there is settlement for staying togather or both agree for divorce, if you do not file divorce now the Marital status will be as it is, if you file it will end somewhere. so better file and state all reasons which makes you not to reside with her. further see if she is having job, she has also a right to reside in her own house of father as she has got equal share in her parents property.

Advocate Bharat Narasgouda LawRato

678 votes

Respected

As you told your wife is saparated and logically she cant file the case under DV act against you since both of you are not living under common roof since from last 16 months.

AS you infomred that you are applying for divoirce, please proceed before her arival with above reason that she is saparated from last 16 month and for divorce one year saparation is required. ... After filing of the case only you can seek for legal asssistence restraining her entrence to your house.

If ok you can cintact us through Lawrato or already contacted any other respective advocate, kindly ignore this message.

Advocate M Lakshmikanth Arya LawRato