Civil Procedure Code (CPC)

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How to remove wife from flat, divorce filed by husband

Page no : 2

great india (manager)     18 December 2015

1.Take loan against property and don't pay instalments 2. Report against her brother and file theft and violence against her brother 3. U may gift it to your mom or sell it to close relative and file civil suit. 4. Plead or agree for rent to pay her. If you win this point half game is urs. on for rent no matter whoever you wanna bribe for. That's only thing which will make you winner. Else its a long journey

Born Fighter (xxx)     18 December 2015

If you have the guts, look out for an opportunity when the flat is locked and forcefully enter with one of ur friend who would stay with you . Catch hold of some local goon who can help you do this and stay in the flat on rent. If you are the legal owner you can do this without consent of your wife. Keep a rented flat ready for your wife if she complains to the police. Rented flat should be a shabby one and at a place where she would never want to stay OR a 1 Room kitchen kind of flat ...dont spend much or show ur capacity to pay more for divorce.


I suggest dont take loan or sell it as you will get money which your wife will claim in maintenance unless you lose the money. 


Also has your wife paid any money for the flat , also she should not be co-owner on papers though she may have not paid a single penny



prabhakar advocate (advocate)     19 December 2015

You can file in DV case an appropriate application seeking half of the place for you to live and stay.  You cannot remove her from the matrimonial home, because such right is granted in DV Act.  Your porposal for alternative accommodation on rent, you can propose before the court, and that depends on the acceptance from your wife and court's discretion.  In all your postings, only one illegal thing on the part of your wife is to restrain you to enter in your own flat.  You can harp on that point and the court will give you access but it is difficult to evict her unless you get a valid divorce decree granted by the competent court.

Fighter   19 December 2015

What is the chances of winning Civil Injunction Suit against wife? I am ready to pay rent. What points I need to highlight in suit to win it? How much time it will take for judge to decide on suit?

Fighter   19 December 2015

I am owner of flat. Can I file Civil Injunction Suit against wife for not allowing her to enter in my flat? I am ready to pay her rent amount. Can someone provide me related citations where Suit is won by Husband against Wife?

Fighter   21 December 2015

Recently I came to know that my wife added her name on My flat's 8A Extract without my permission. Is it legal? What action I came take for her this act?

She is trying to grab my flat.

Please advise.

Fighter   22 December 2015

Can husband legally file Injuction Suit against wife to not enter his flat? Flat is on husband's name.

Divorce is filed by husband, later DV and 498a filed by wife.

Husband is ready to pay rent amount to wife.

Do you think Injuction Suit (section 39) against wife is maintainable or not?

Fighter   22 December 2015

Does wife has right to break locks and forcefully enter house? Husband already filed divorce on mental cruelty ground.

Can I file theft case against wife and her parents?

Can I file trepass case against wife and her parents?

Police not registering these cases. What should I do?


Fighter   22 December 2015

Where I should ask for seperation? In divorce suit or is there any seperate procedure for seperation?

I am ready to pay rent amount.


great india (manager)     24 December 2015

See laws here r crooked somehow. Evicting her is difficult. Seems ur wife is greedy for flat. All you can do is win heart instead of wasting money. Just calm compromise, take all cases back and enter the flat. Stay for few months and shift somewhere else citing different reasons and sell the property. Take Rental accommodation and let her later on dance like crazy female. You can later file separation case. Regarding money of flat judges are smart now a days. Valuation of flat can be calculated anyways even if you don't sell. Its an assest. Better get rid of flat first and wife later. See its a time tested advice. You may start loving your wife after a compromise but do sell property in your name or give on rent to crooked people, I advise better to sell off and stay happy.

Fighter   24 December 2015

There were 5 incidents:

1. Wife wife assaulted me. I have medical certificate.

2. When I was not at my home they broke my house locks and looted some amount and forcefully took control of my flat

3. My wife and her brother is staying in my flat. When i try to enter my flat my brother in law is threatening me with knife.

4. These people added my wife's name on my flat 8A Extract (Khate utara)

5. Wife is not allowing me to enter in my house. Currently i am staying outside on rent.

I have complained to police for all individual incidences seperately.

Can I again combine all these 5 incidents and file fresh complaint to police? Police not registering case. Do you think court will take cognizance of this complaint? What I can do to make police to take action on complaint.

DV and 498a is already filed by wife.

Reformist !!! (Other)     27 December 2015

If the flat is in your name, then you are not gonna win civil injunction suit. Better withdraw the basic amenities of flat i.e. electricity, water and other facilities or sell it out.

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