MANKU (EXECUTIVE) 19 February 2016

Eviction suit

Respected experts,

I shall be required to file an Eviction Suit to evict the divorced wife who is still occupying my house. I shall be extremely grateful if you could let me know the procedure of eviction suit and how much time it will take.

Will it be helpful to file a petition before the Supreme Court under Article 32 as she is unlawfully residing there whereas myself and my ailing mother ( cancer) have been living elsewhere. Only one sister is staying there. Is not it a violation of Fundamental Right?

Awaiting your valued advice.

Regards.

Reply Follow

3 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 19 February 2016

Supreme Court shall not intervene in such matters . File a suit for mandatory injunction asking her to vacate the premises . She was your licensee and hence has no right to occupy the said premises after you terminate her license .

MANKU (EXECUTIVE) 20 February 2016

Thanks , Could the experts please advise as to which provision of eviction eviction will apply to evict a divorced wife. I believe there are different provisions for eviction of tenent etc etc. Grateful if Experts guide me so that there is no mistake or lapse on the suit. Regards.