I am a senior citzen aged 70+ years, living in my self acquired house for the last 25 years.My son and his wife moved to the independent floor with a separate kitchen of my house after their marriage in December 2004.They were requested to move out of my house in 2010 as they were frequently fighting wiith each other, my D-I-L inviting police on trivial squibbling between themselves.On August 2014, my son filed divorce petition in the family court.Subsequetly, my D-I-L filed totally false Complaints under 498A and DV against my son in SPUWC. Thereafter, she also filed a divorce dismissal petition and petition for maintenance under CRPC Sec 125 in the same family court in Delhi.
My son walked out of the rented house in May, 2014, while my D-I-L continues to stay comfortably with two children in the same house till now as the divorce petition and her complaints in SPUWC are dragging.Now as my son requests her to move out from the existing rented house to another apartment at affordable rent in the neighborhood, she refuses to move out and sending repeated threats to me move back with children to my self owned house.My questions are:
1) How can my son get his wife evicted from the existing house? what procedure to be followed to avoid any further repercussion to the ongoing divorce proceedings in the family courts and in SPUWC?
2) In case, my D-I-L tries to move back to my house ( allegedly her marital home) against our consent,, can she be booked under "Criminal Tresspas" under wder what section IPC ?
