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Ameedmurad (Business )     19 December 2018

False dva ,how to evict ex wife from my self acquired property

Hi I got divorced my wife before the supreme courts order of banning of triple talaq in the month of May 2017. The fatwa from bareilly along with notorised translation of the fatwa along with legal notice of divorce with the offer to provide maintenance including place of residence to the divorced wife including offer to provide for the education of the girls was given to her the mehr and iddat money was also deposited in her account however she filed a domestic violence case and crpc 125 case with false allegations since there was no domestic violence there was no fIR the two cases are still going on with the court. 
She is residing in my self acquired property with the children I want to move into my house along with my parents and want her to evict the house even though I'm willing to provide for her maintainence and rent wherever she stays. 
There's no court order against any allegation made by her in domestic violence act. How do I move in to my own property with my parents legally and how do I evict her since she is unwilling to accept anything. Can I use the local police to enter my house or should I get court injunction order to enter my house 
Can I legally evict her ? 
Please please provide your valuable guidance please


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 10 Replies

Siddharth Srivastava (Advocate)     19 December 2018

you can file suit for possession, permanent and mandatory injunction. your wife and children are entitled for maintenance including residence if they donot have means.

Kumar Doab (FIN)     19 December 2018

GO thru and relate;

Bombay High Court

Shakil Ahmad Jalaluddin Shaikh vs Vahida Shail Shaikh And Anr on 20 January, 2016

Bench: M.S. Sonak

    skc                                                                WRIT PETITION NO. 2201 OF 2007

 
Preferably discuss in person with your own LOCAL counsel before acting on your own or suggestions thru online portals.

 

Kumar Doab (FIN)     19 December 2018

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

Ameedmurad (Business )     20 December 2018

Hello can crpc act 91 is useful in this case As it's false domestic violence no police complaint was done Op directly went to court with the false case Since no police complaints was made can we go with crpc 91 The case can't be entertained by court as well since police was not involved

Ameedmurad (Business )     20 December 2018

Hello can crpc act 91 is useful in this case As it's false domestic violence no police complaint was done Op directly went to court with the false case Since no police complaints was made can we go with crpc 91 The case can't be entertained by court as well since police was not involved

Ameedmurad (Business )     20 December 2018

Hello can crpc act 91 is useful in this case As it's false domestic violence no police complaint was done Op directly went to court with the false case Since no police complaints was made can we go with crpc 91 The case can't be entertained by court as well since police was not involved

Siddharth Srivastava (Advocate)     20 December 2018

As such there is no requirement or necessity that the person should firstly approach police first and there is bar that the rstcertificate cannot directly approach the court. There is no bar in such situation.

Siddharth Srivastava (Advocate)     20 December 2018

such there is no requirement or necessity that the person should firstly approach police first and there is any bar that the person cannot directly approach the court. There is no bar in such situation if person directly approach court under complaint case.

Siddharth Srivastava (Advocate)     20 December 2018

Always remember that every question does not have single answer as some people on this platform who does not belong to legal field but pretend and impersonate to be legal expert. Beware of such quacks.

Ameedmurad (Business )     20 December 2018

After the court has sought a report from protection officer is it mandatory according to the dv act for the protection officer to contact or send notice to the the accused or respondent for interrogation and investigation if the protection officer doesn't send any such notice or summon to the accused and files a report unilaterally can the respondent object and seek justice according to crpc 91 seeking a self representation with all 3 proofs which include financial support no physical or medical harm record and psychological torture wherin the accused has enough photos and videos of loving hugging kissing the new born baby girl

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