Does a divorced wife have right o residence in ex-husbands flat

Querist : Anonymous (Querist) 08 August 2011 This query is : Resolved
Dear Sir,
A divorced wife is occupying her ex-husbands flat. The minor son is staying there and she was allowed to stay there to look after minor son. Though there is no agreement in writing.
Now she is not vacating the flat. What criminal action has to be taken to vacate the flat?
What about civil action?
All goods in flat belong to husband.

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adv. rajeev ( rajoo ) (Expert) 08 August 2011
no criminal action but civil suit can be filed to vacate her from the house

ajay sethi (Expert) 08 August 2011
she is entitled to stay in her ex husband flat till she is remarried or has alternative place to stay in . husband has to provide her a place wherein she can stay

Out of Court (Expert) 08 August 2011
there are many views in the circumstances like this ..when the divorce decree passed? remarried or not ? any specific clauses in settlement deed, if any ?

M/s. Y-not legal services (Expert) 09 August 2011
Repeated query..

prabhakar singh (Expert) 09 August 2011
file a civil suit of eviction together with damages for wrongful use and occupation and never allow 12 years to pass from date of divorce decree.

Raj Kumar Makkad (Expert) 11 August 2011
this is ur 7th query on the same subject.

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