How we can handle section 17
2 years ago
Father already disowned his son, daughter in law and grandchild. His son already filed divorce case against his wife. But now his wife file section 17 and 18 against the family, also filed false complaint in women cell(domestic violence and dowry). Even her father didn't gift any single household item but claim at the time of demonetisation he spends 12lacs in the marriage. Even before 2 months she forcefully withdraw all the jewellery (all included from our side) from the bank locker. We have audio and video recording as a proof on that day no violence was happened. Now my query is that section 17 is valid or not in that case. How we can stop her entry in house under section 17. As property is owned by mother(name) not son.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
Ownership is immaterial as its matrimonial house and she have right to live in matrimonial house.
but to stop her from entering house, you have to give her rental place to live until divorce is settled.
You can easily prove that how they got 12 lacs at the time of demonetisation .
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Unless the divorce is granted, the wife has the right to re-enter the matrimonial house, under Sec. 17 and you cannot stop her from doing so. If you stop her, then you will land in trouble. So, my suggestion is do not stop her entry, if the protection officer has granted the order, abide by the order of the protection officer. It is immaterial as to who owns the house. Sec 17 talks about entry into the matrimonial house, and the house will be considered as matrimonial house.
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Wife is only entitled to receive the stridhan. The jewelry gifted by the in-laws at the time of marriage does not constitute as stridhan, and as such she has no right over it. Unless the divorce is granted, she has the right to enter the property, but she has no claim over the property. You cannot stop her from entering the property.
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Sidhaarth
Responded 2 years ago
Section 17 and 18 are valid till divorce is granted.
Ankita Jaiswal
Responded 2 years ago
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