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Wife selected rental house for us..but then ran away with daughter and not coming back since 4 months…now filing DV emotional abuse case and asking residence order for my parent’s house where I do not live NOR have any legal right to that property…Can she get order for parent’s house … she not returning to house which she herself selected to rent for both of us and child and now asking for residence order for my parent’s house which is not mine just by saying it is
Question
Wife selected rental house for us..but then ran away with daughter and not coming back since 4 months…now filing DV emotional abuse case and asking residence order for my parent’s house where I do not live NOR have any legal right to that property…Can she get order for parent’s house … she not returning to house which she herself selected to rent for both of us and child and now asking for residence order for my parent’s house which is not mine just by saying it is “matrimonial” and many years back she lived there for sometime!!!…she not letting kids live with me nor legally filing divorce…but just torturing and harassing..thanks a lot for your help
Am worried interim custody wouldbe given to her depsite me not even getting to meet child for months now ;( + torture to senior citizen parents as their house is being targeted rather than returning to the house she herself selected for us to live with child!
Answer ( 1 )
No the wife cannot claim a residence order for the parent’s house. You will have to prove to the court that the house of your parents is not her matrimonial home as the son is also not staying in the house. at the max she can claim a residence order in the matrimonial house which in your case would be the residential house where you both resided together. The Senior citizens parents can file a complaint against constant harrassment by the daughter in law in the senior citizen helpline provided by the police.
Further, if the wife is not letting you meet the child, you can file for the custody of the children and if the court is granting the custody to the mother, you can obtain visitation rights from the Court and the wife cannot deny letting you meet the kids thereafter.