• How can I prevent my wife's troublesome parents/siblings from visiting my home?

Summary: "How can I prevent my wife's troublesome parents/siblings from visiting my home? (But allow wife freely to visiting her parent's home anytime) "

Details:
In past, my wife's parents & siblings used to frequently visit my home and create unnecessary troubles on petty reasons.
e.g. sister using foul language, brother/uncle threatening me of beating, father bringing 8-10 of their relatives to my home to harass/threaten me alone on petty reasons told by my wife, etc. 

8 years ago, we had stopped this saga with intervention of few elders on both sides, and had agreement with them that my wife's troublesome parents/siblings will not visit my home, but my wife can anytime go to their parents home to meet them, we never stopped her. But at same time we did allow few of my wife's distant relatives (who are sensible in nature) to visit home occasionally. 

Now my wife is again trying to get their troublesome parents & siblings to visit my home, with intention of re-starting troubles and harassment. Now she have filed a complaint in women cell stating "mental harassment by not allowing to meet her parents" and I have been called for first counselling. What are my legal options here?
Asked 1 month ago in Family Law
Religion: Hindu

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13 Answers

You can lodge a counter complaint against her parents for tousling and torturing you by frequently visiting your house and creating problems especially they are trying to create a rift between the couples and also creating unrest situation in the married life and are threatening to kill you etc and also against her other relatives for posing threats and using foul languages  with dire consequences.

you can even think about filing a divorce case subsequently and a suit for permanent injunction against her parents to not to interfere in your household affairs etc.  

T Kalaiselvan
Advocate, Vellore
86847 Answers
2325 Consultations

Obtain restraining order from court against wife relatives from visiting your house 

 

take the plea that they use abusive  language and threaten to assault you 

Ajay Sethi
Advocate, Mumbai
96651 Answers
7789 Consultations

Dear Sir,

You can submit the same in Counselling and demonstrate with your available documents like previous agreement get similar agreement get renewed. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6175 Answers
490 Consultations

- Delhi High Court granted divorce to a man on the grounds of his in-laws' frequent interference in his marital life and noted that parents should "draw a line" and let their daughters lead a happy, married life.

- Further, the Allahabad High Court in the matter of Kumar Devi & Anr. V. State of U.P. & Ors stated that, nobody including the parents of a man and woman can interfere in the couple's married life and their living together if the two individuals are of legal age.

- Hence, they cannot interfere in your personal matter after visiting again and again

- Your wife should object for the same , otherwise you can file a divorce petition before the court on this ground. 

Mohammed Shahzad
Advocate, Delhi
14367 Answers
221 Consultations

  1. First of all, I'm assuming it's women's cell of police. See, the police hasn't lodged any complaint against you, nor are you summoned for questioning. You can refuse the counselling and refuse to go & I would advice you to refuse to go for any counselling at police station (women's cell). You' must go only if you are summoned for questioning. 
  2. My advice is based on fact that the police isn't professional trained for counselling. What happens is they pressurize both parties not to complain whatsoever and settle the matter amongst themselves. So it's just a waste of time. You go to professional marriage counsellors for counselling. 
  3. As to the legalities of the situation,  well you are well within your rights to prohibit disagreeable individuals, the threatening rowdy types from entering your home, be it your wife's relatives and/or parents. Be rest assured, it doesn't amount to any cruelty and hence, you can be defended before any court of law on this count. 
  4. Rather it's you, who suffers from mental cruelty and harassment on the count of your wife allowing such elements to interfere in your sacrosanct matrimonial relationship. Hence,  I would suggest you encourage your wife to seek assistance of a professional marriage counsellor along with you so that both of you can enjoy matrimonial bliss. 
  5. As to your wife not yielding to 4, and then your legal remedies,  there are quite a few options involving litigation. You could opt for judicial separation, or petition restraining your wife to entertain such elements at your home without your consent. Divorce would be last resort. 
  6. Which remedy would best suit your purpose and handling that litigation ---- for that I require an exhaustive consultation session with you first. You need to visit me for that. I'm based in Mumbai /navimumbai just as you are, so it shouldn't be much of an issue for you to visit me. 
  7. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1569 Answers
5 Consultations

Dear Client,

I recognize the difficulties you are facing due to the repeated disruptive actions of your wife’s parents and siblings, and your intent to prevent them from entering your home. According to Indian laws, the following is a formal legal approach to address this matter.

Since you are the owner or the lawful possessor of your residence, you have every right to control who should gain access to your home or not. The previous placement, providing your wife an option to visit her parents without the interference of relatives you consider as problematic, yet denying them access to your home, was logical. Since your wife is now going to complain that you are harassing her mentally by preventing her family from visiting, I want to reiterate to you that you have never locked her out of your house from seeing her family and the restrictions are placed to ensure that you are not disturbed in your home. When counseling, it should be illustrated why certain past incidents of harassment and misconduct had to occur from her family members, and how the previous agreement made by both families was an attempt of good will. Your wife has rights to visit her family members, that you as a husband cannot refuse, but that does not mean the people who have been causing disturbances are free to enter into your home. You may ask the women’s cell or court to allow you to not have disturbance in your home while at the same time still allow your wife to visit her family as she wishes.

Thus, you should stick to your decision to let your wife visit her family without limitation while explaining the legitimate grounds for limiting access of those causing disturbances to your home. In the meantime, it is also recommended to consult a lawyer about filing an injunction or any other kind of protection from further harassment.

I hope this response is helpful in addressing your challenges. If you have any further queries regarding this matter, do not hesitate to contact us again.

Anik Miu
Advocate, Bangalore
10062 Answers
119 Consultations

File declaratory suit that you are absolute owner of flat as full payment was made by you 

 

enclose proof of payments made by you 

Ajay Sethi
Advocate, Mumbai
96651 Answers
7789 Consultations

You can succeed if you are able to prove full payments were made by you 

Ajay Sethi
Advocate, Mumbai
96651 Answers
7789 Consultations

If you only have funded for the purchase of the property fully and also repaying the EMI amount from your account and if she is not a co applicant then you can file a suit for declaration to declare your title on the basis of the payment made for the purchase of the property.

If she's a coapplicant then the bank will insist you to replace her as another applicant.

For now there is no litigation started hence you don't reveal your thoughts of removing her name from the title document.

T Kalaiselvan
Advocate, Vellore
86847 Answers
2325 Consultations

The chances are 50-50 only.

There's no that court has to give a ruling in your favour alone but should not deter your determination to fight against this.

T Kalaiselvan
Advocate, Vellore
86847 Answers
2325 Consultations

  1. In you suit for declaratory decree, your evidence has to be water tight regarding all payments you have made and ate making for the property. Then the decree will be in your favour 
  2. Kindly do visit for further consultation. Piecemeal advice on this forum is counterproductive. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1569 Answers
5 Consultations

- Since, you have invested the amount to purchase that property and also paying the EMI , then you can file a Declaration suit before the Court for declaring single owner of the property after submitting proof of fund payment. 

Mohammed Shahzad
Advocate, Delhi
14367 Answers
221 Consultations

Dear Client,

Though some may think courts generally support women in divorce situations, but the outcomes really depend on the unique factors and evidence provided for each case. The Hindu Marriage Act allows a husband to file for divorce for reasons such as mental cruelty, which courts accept if reasonably shown. Consulting a divorce lawyer can raise your chances of a positive result by making sure your case is thoroughly organized and well managed. You should note that courts investigate the qualities of each case distinctly, and legal principles shape their decisions. Make sure to provide all the information regarding your case to your attorney to help you through the challenges of matrimonial law in India.

 

Hope you find this answer satisfactory.

Anik Miu
Advocate, Bangalore
10062 Answers
119 Consultations

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