Dil and her family occupied my house

Hello Experts,

 

 

I am an Employee in working in City, My wife deserted me after 8 months of my marriage and left to their parents’ house. We have tried all the ways to communicate and get her back ...

 You should have sent a legal notice asking her to return back after 3 months.  This could have save a lot of trouble for you and your mother legally keeping in mind present day women mentality.  So that was the first wrong move.

 

The issue is... she married me by the force of her uncles and mother, which we dont know which is because her love story before marriage.

You should have booted her uncle and her mother for this and thrown her out along with a legal notice then and there when you came to  know about this forced marriage/past love story.  So that is the second wrong thing you did, which is keeping quiet.  Even now collect details about her love story, photos, videos etc.  Keep them handy.

 

 

She was staying with me in city when she deserted me. After long mediations they are threatening us to file false cases on us and threatening us to kill with lot of abusive language.

 Let them file any case they want.  Dont be afraid.  Record all abuses, make a CD and keep it handy.

 

after 2 years of desertion .. my wife came into my mother’s house in village by jumping the compound wall and sitting crying .. my mother came out and seen there are hundred people around the house and they started tent in front of house and many chairs arranged .. they have called many dirty people and rowdies and sat in front of house and started threatening with abusive language...to beat.

You did a mistake by not sending legal notice in the first place.  
 

 

My mother called police and police are not able to do any thing.. just kept silent, and did not take any action. Later because of all these threatening my family left the village ...and living in another village..

 

 

The house is occupied by my in-laws and their uncles ...They started living for the past 4 months.

Get some goons and drive them out.  Beat them black and blue.  Bribe police to avoid poilce case.

We are trying to get them out by various mediations. But not happened.. we contacted a lawyer.. and raised writ petition explaining the situation and police are not taking action. We got an interim direction from High court to police ..to take appropriate action ..High court order is not exactly saying to vacate the house, just saying to take appropriate actions.

 

 

We have approached the police with the high court order...they are saying that they cannot vacate the daughter in-law and they can vacate all other family members of my wife ...they are fear of this issue to vacate my DIL.

If the said house is ancestral property, even high court cannot ask DIL to vacate the house.  DIL can stay in ancestral property and also she can ask for share in such property as right to residence.  In case your mothers house is not ancestral property and is self earned property, then you can get the DIL thrown out by poilice force.

 

Can anybody help me why even CI is fearing to vacate them ..

File divorce petition based on cruelty.  No need of sending legal notice.  Once court will issue summons to appear in court, she automatically will go out with her drama company.

one more thing is my one of my DIL uncle is News reporter and made this drama a big success and given a half an hour program to TV channels and all papers when the incident happened.

 

 

Can anybody help me .. what can I do to vacate my house ... House is on my mother name..

If it is self earned property then you can get injunction from court to vacate DIL.

My lawyer is also not confident to vacate the lady from our house ...

How can we do that ... We are in lot of frustration ..and trying day and night on this .. the house is constructed by my parents hard earned property ...

 

Now about me ....I am not willing to take her back ... as really she has done lot of harassment to me and my family ...for the past four months my family is on roads ... nobody is able to help me

 File divorce petition directly.

Please please guide me how to resolve my situation.....

 

Thank you Helping hand, Can you please help me on my below queries:

 I am willing to file for divorce ... We do not have kids ... when I contacted any local lawyer, they are saying at max she will get 2k or 3k as maintenance. 

Maintenance depends on your income, her income.  Eg:  you earn 5 rs she earns 10 rs, maintenance wil be decided on who earns how  much, court may ask u to pay 2 rs as maintenance.  in your case you are earning more, you should show your income like this.

Income 60k minus expenses [insurance, vehicle insurance, loans, medical exp, travel exp, telephone exp, internet exp, rent, ]  = take home income.  on that 1/3rd is calculated as income.  what counts also are fixed assets, hers, yours, bank balance, deposits of hers, yours.  estate of hers, yours.   Her educational qualification.  If she is more qualified than you, you have to show that to court via producing degree certificates.  give her employee address and ask court to summon her employer to furnish details of her income.  If you have, give her PAN CARD NUMBER to court.  provide your income tax sheet to court, hers also you provide if you have.  Then court will see all this and decide on how much money you should pay as maintenance.  Supose if you dont have records of her assets, file application for appointment of court commisioner who will get all such details to the  court .

But when I see LCI posts people say that is 1/3rd of my salary will be given as maintenance.  I am private employee ... my salary is 60k.. ..

As I have filed the divorce , I think I need to pay litigation charges also..

Any litigation charge paid is only once, 5k or 10k.  Not more than that, she might ask 1 crore as litigation expenses but you need not pay such money.  max is 10k .  upper most 15k.  not a single paise above it.  and such money paid is for lifetime of the cases.  Whatever case she files for all that will cover.  No need to pay again and again.

Remember, Interim maintenance awarded holds good for only 1 year from date of application, so after end of each year, you file change in circumstance application and show that your expenses have increased and thereby ask court to reduce maintenance money.  Dont ever forget this fact.

I am totally in confusion on how how much will be given her maintenance+ litigation charges for example 20K+10K =30k is major part of my salary … its great pain for me to earn for my enemy to continue fight on me.

Why the local lawyers saying its just 2K or 3K … is it a technique for attracting client ..  

Which one is correct 20k from my salary or 2k or 3k given as maintenance?

All explained with regard to maintenance.  Read thoroughly.

 Once we get goons and driven them out.. definitely her uncle brings media into picture and make a seen abala .. naari.. is thrown out from house episode in TV channels and news paper... how can I respond to media .. Can I disclose about her love story in media .. does it projected and considered as cruelty by me ? …. After thrown her out .. does it considered as domestic violence ?  I think discussing these kind of things in media is prohibited… isn’t it?

Once matter is in court no tom d-i-c-k and harry wont interfere, not TV or media people.  Trust me on this.  Even if they come, give case number to media and explain in detail that she had affair before and they hid it from you and so you have file for divorce.  Dont panic, dont be rough n tough with those people, be polite at all times.

Good luck.  Call me if you want any more advice.  Check pm.

Thanks in advance