Shyam (Field Supervisor) 28 January 2015

Divorce final but wife waiting for new bill

I got divorce on cruelty and wife's petition to high court and supreme court failed. But Supreme accepted her plea to hear the maintenance part. She is residing in my house. High court ordered me to arrange an alternative house for her. But she does not want to vacate the current house and delaying the Supreme court procedure using different tactics and waiting for the proposed bill in parliament (giving 50% share to wife) to come in force. Two questions: If the new bill is converted in law soon, will it be applicable on my case, as divorce was granted more than two years back? And, is there any way to counter their delaying tactics in Supreme court? They are not submitting court fees, after one year, their case got dismissed, again got it revoked, now file not coming to Registrar's office etc etc. Shall appreciate a genuine advice

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T. Kalaiselvan, Advocate (Advocate) 30 January 2015

Do not worry about the proposal of the new law, it is yet to take a shape so until knowing it in black and white, do not make wild guesses and be tensed up for that. There are many ways to vacate her, file an eviction suit by arranging an alternative residence to her as per high court order. Or file an execution petition to enforce the order.

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T. Kalaiselvan, Advocate (Advocate) 30 January 2015

Deleted due to repetition due to technical fault.

Biswanath Roy (Advocate) 01 February 2015

Proposed Bill in question shall give retrospective effect according to its nature. To bring it to an enactment is a time taking matter so you need not to be worried for.. You may move your present grievance before the Hon'ble High Court for appropriate direction and order.