Can wife get the residence right in in-laws house after getting the decree of restitution in India?

Question

My marriage was solemnised on Nov'2006 according to Hindu Marriage Act. Now I went for Nullity of Marriage on false ground. My wife is contesting the matter. She has lodged the case of "Restitution of Conjugal Rights" against me. If she gets the decree of restitution, will she get the right of residence in my home? Can she go to my home and stay there without my permission? If I refuse her stay in my home, can she take any legal help? If she stays there for somedays and go to police station and complain that my parents and brothers are torturing her, what legal step we can take against her? Can she be capable of lodging any FIR against us?
Please clear me with details.
In July she made complaint to Police and Women Rights Commission against me and my family members. Every where she wrote that she wants to save her marriage. Please tell me which step can I take against her.

Answer 1

Why only after getting decree of restitution of conjugal rights, she can even seek residence order against you any time under section 23 of the Protection of Women from Domestic Violence Act, 2005 which provides: - Residence orders.-

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order -

(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) directing the respondent to remove himself from the shared household;

(c) restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) restraining the respondent from alienating or disposing off the shared household or encumbering the same;

(e) restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:Provided that no order under clause (b) shall be passed against any person who is a woman.



(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.
For your kind information only some months back one of the High Court in India had passed such protection in favor of a Divorced woman who did not have any place of residence & allowed her to continue staying in her divorced husband's house till she acquires another place of residence or get remarried. You are in soup now Mr. Sanjit....!!!!