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Victor (Manager)     06 May 2024

How to recoup the flat occupied by wife

The flat in question is owned by husband and he was kicked out of the flat by wife. Wife threatening to file 498a and or  DVC  cases against if he comes back to his own flat where she is living & gained by unlawfully. Some counsels advice to go through home loan by defaulting its EMI which invokes Safaesi act. This is quiet risky as after bank takes over from the defaulting occupants , there are less chance of returning back to registered owner even after clearing the dues with penalties.

Is there any better legal methods to evict the illegal occupants i.e wife ?  Will the eviction suite works between husband and wife. Meanwhile there is a divorce case is running since 2021 but it will take its own sweet time for judgement.

 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 May 2024

Even if the property is on your name, so long your wife remains your legally wedded wife (that is till the marriage is dissolved by a decree of divorce) she is entitled to remain in her matrimonial home hence trying to forcibly evict her from that house will create more legal compliactions to you besides slapping  the other criminl cases that are anticipated by you

P. Venu (Advocate)     06 May 2024

Yes, there is no way out so long as the marriage relation subsists.

Victor (Manager)     06 May 2024

So  the property ( without any document or court order ) to be enjoyed by the person who dont pay any EMI to home loan bank  because she is a wife.  Is this not violation of right to property ???   Atleast Is there any possibility of getting the property back after the divorce decree is obtained ? 

kavksatyanarayana (subregistrar/supdt.(retired))     06 May 2024

No.  She can enjoy it till she divorces from you. Wait for divorce decree from the court. Don't take risk in sending her which leads you in more complications.

T. Kalaiselvan, Advocate (Advocate)     08 May 2024

As rightly suggested by Satyanarayana Sir, you may wait for the divorce case to be decided in your favour after which you can get her evicted legally from your property.


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