Divorce case
manu
(Querist) 31 January 2016
This query is : Resolved
Seeking Expert's opinion in my Divorce case.
Details are as follows
Marriage date : Nov 2013
Type of Marriage : Love
Divorce filled by : Myself (Groom)
Divorce Basis : Physical Atrocity
Stage of Divorce Case : counselling done awaiting report
Any other Case filled by Wife : None till now
Condition for closure by mutual consent
: New Flat under her Name
Query:
My wife is still residing with me and my family (Mother and unmarried sister).My mother is a senior citizen and at times after filling divorce their has been verbal arguments between my wife and mother/sister where my wife has shown no respect for either of them though not using abusive language .To avoid any more confrontation which could affect my mother's health, i wish to understand how i could ask my wife to leave my flat as she has made this clear that she will not leave my home.no one talks to her.She prepare her own food.My lawyer has suggested me to go for NC and file application in court along with NC for her to leave my flat on my mothers medical ground and to avoid matter getting worst resulting into multiple cases.
Please advice best course of action which could compel my wife to leave my premise.
Raj Kumar Makkad
(Expert) 31 January 2016
As flat belongs to you hence you cannot get the same vacated from her prior to making alternate arrangement at your own expenses as per direction of the court. A wife even if she is divorced has a legal right to continue residing in the house of her husband until she re-marriage but if the house belongs to your mother then situation shall be otherwise..
Devajyoti Barman
(Expert) 01 February 2016
You are silent as regards the ownership of flat.
If it is your mother who owns the flat then she can file eviction suit.
Otherwise you can make her leave the flat.
V R SHROFF
(Expert) 01 February 2016
CAN'T COMPROMISE????????
manu
(Querist) 01 February 2016
The flat belongs on join name of my sister and myself.My sister is first owner
Isaac Gabriel
(Expert) 02 February 2016
Did this issue took place in councelling? What was the outcome.
manu
(Querist) 03 February 2016
My wife has taken the stand of not leaving my home since the beginning.In counselling all she reiterated the same.
