MANKU (EXECUTIVE) 05 September 2016

Please advise

Dear experts,

Kindly help me out with the following problem.

I am a divorcee. My ex wife has continued to occupy a part of my house and has threatened not to vacate it whatsoever. She is a notorious lady and has started filing false cases/FIRs against all my family members to scare us.The property was purchased by my late father when I was an infant. My uncle and myself was shown as joint owners in the papers. Ex wife has nothing to do with it.

Kindlyadvise me how to get the house vacated by her.

Regards.

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6 Replies

KS Johal 05 September 2016

Yes I fully agree with Ramesh Singh.

saravanan s (legal advisor) 05 September 2016

Since you had divorced her and she not having any rights over the property considered to be a trespasser.so you can file criminal case of trespassing and also file a eviction suit to evict her from the premises

Kumar Doab (FIN) 05 September 2016

You may act on the adivse rnderd to you.

What is the opinion of your own counsel that is well versed with the matter?

MANKU (EXECUTIVE) 05 September 2016

Respected experts, the decree of divorce has not said anything about accommodatin as a condition. The court has has told her to apply for permanent alimony if she desires which she has not done so far. The High Court has upheld the decree.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 05 September 2016

You may check divorce case judgement and order regarding maintainence and residential order .if you have complied said orders and .If court is silent on resident order you may file suit for possession of said house by evicting her.and file a writ petition before high court for stay and quashing all false criminal cases filed against you

Sachin (N.A) 06 September 2016

Legal way file an case of illegal trespassing and wait for years or you can directly sale your house to the people of strong influence they will handle her.