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MANKU (EXECUTIVE)     21 February 2016

Eviction under what provision/ clause

Respected Experts, Earnestly solicit your advice please. As the divorce wife is not vacating my house I am left with no other option but to file Eviction Suit. However, while doing so under what provision/category/clause he petition should be filed as she does not come under tenant etc. Kindly guide. Regards.


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 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 February 2016

No eviction suit is maintainable . A suit for mandatory injunction shall have to be filed .

Vijay Raj Mahajan (Advocate)     21 February 2016

 

Mandatory injunction civil suit against the ex-wife is time consuming process that will take many months and even years to get finalized.

Best course in such case is that just throw her things out of the house although this will look very rude and uncivilized to you and many, but as an unauthorized occupant of your property she has no right to continue there and more so she does not have any court stay or injunction order in her favor to continue in the property. If you feel this difficult than lodge a FIR against her for house trespassing by unlawful entry and possession in your property, take help of local police to throw her out and get her prosecuted for this offence. This again may look rude but these are the best option for the woman who is no more your wife and is not moving out of your home.

Otherwise she will go ahead file for charges of Rape against you now after the dissolution of the marriage, Prevention is better than cure, remember this.

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