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Restraint against my wife will prevent her from entering my house


11-Oct-2025 (In Divorce Law)
Hi All, Will Restraint against my wife will prevent her from entering my house ? I am in another country and my parents are in my house. My wife is trying to enter this house by all means? Is this possible ? Thanks, Sai
Answers (2)

Answer #1
783 votes
Hi Sai, yes, if you already have a restraining order, she can be legally stopped from entering the house. But if it’s her matrimonial home, she may still claim residence rights. To protect your parents, it’s best to get a clear court order mentioning your house and occupants.
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Advocate Sathish Kumar Meshapam

Adv. Sathish Kumar Meshapam

LawRato Rajahmundry | 25+ Answers
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Answer #2
697 votes
Yes, you can seek a Restraint Order (Injunction) from the competent court under Section 38 of the Specific Relief Act , restraining your wife from entering or disturbing your parents’ peaceful possession of the house. However, if the said property is her matrimonial/shared household under the Protection of Women from Domestic Violence Act, she has a legal right of residence there, and the court may not prevent her entry unless you prove it is exclusively owned by you or your parents and she has alternate accommodation. File a civil injunction suit or DV counter petition showing ownership and current occupation by your parents for effective protection.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRatoGuntur | 400+ Answers
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