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Fighter   18 December 2015

How to remove wife from flat, divorce filed by husband

I(husband) have filed divorce 1.5 years back on mental cruelty ground. After one year of seperation wife forcefully entered in my house and staying there. I moved out of my own flat because of fear of flase crimal cases. I am staying seperately. Then wife filed DV case asking for maintainance and right to residence and to remove me from my own house. Later wife filed 498a & 406 on flase ground on me and my parents.

I have folowing questions:

1) How I can legally remove my wife from my own (I am husband) flat? I am ready to pay rent to wife.

2) Is it advisable to file Civil Permanent Injuction suite against wife and her parents?

3) Wife not allowing me to enter in my own house. Is there any criminal case which I can file on wife?

4) My main objective is to remove wife from my flat.

Please guide me.

 



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 26 Replies

Adv. Yogen Kakade (+ 91 9225510883)     18 December 2015

Hi, As your divorce procedure is not complete so far.. so at this stage you won't be able to remove her from your place.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 December 2015

1.  How I can legally remove my wife from my own (I am husband) flat? I am ready to pay rent to wife.

You can cut electricity, cut water suply and sewerage service.

2. Is it advisable to file Civil Permanent Injuction suite against wife and her parents?

You can file criminal suit u/s 144 CrPC in the district court (Power to issue order in urgent cases of nuisance of apprehended danger). Also can file 406 IPC , 505 IPC and 383 IPC (Extortion)

3. Wife not allowing me to enter in my own house. Is there any criminal case which I can file on wife?

file 406 IPC

4. My main objective is to remove wife from my flat.

You should file speedy trial and prove 498A plaintiff as false to get various relieves.

 

Please see my profile links for sample petitions and other clues. 

Fighter   18 December 2015

Can I file Civil Injuction Suit to remove her from my house? I am ready to pay her rent for alternate rental accomodation. 

fighting back (exec)     18 December 2015

rocky smith has rightly advised. give applications to the police commissioner and to the womens protection cell and to the local police station in your area, stating that you have been removed from your own house by threats to life and simultaneously file a case in court that your are being threatened with life ( in your own dv case ) hence i cannot live along with her under one roof and you are ready to pay the rent

Fighter   18 December 2015

My wife forcefully entered in my house when I was in office.

I have already submitted written complaint to local police station saying that my wife and her brother not allowing me to enter in my own house and they are threatening me to kill.

Police not taking FIR and saying that its right of wife to forcelly stay in husband house still divorce suit over.

Currently I am staying with my relatives and not in my own house.

Please guide me.

fighting back (exec)     18 December 2015

if its your own flat, you can sell it as well, simultaneously, make an alternate arrangement of rental accomadation for her ready, no one can stop you from selling off your own property, not even your wife, if she runs to the court or to the police station, show your written agreement ready of rented flat, do your deal in one shot, without her knowledge, the court can direct you to make alternate arrangements for her on rent, 

Fighter   18 December 2015

In DV case she is asking residence right and to remove me from my own house. These are her demands and maintainance.

I have submitted written reply in DV and mentined that I am ready to provide rent amount which need to be decided by court.

Do you think court will accept my point of rent amount and direct her to vacate my flat and take rent amount?

Please suggest.

Fighter   18 December 2015

Seling flat is not possible bcoz she is staying in that flat and buyers are not ready.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 December 2015

Fighter   18 December 2015

Should I go for "criminal suit u/s 144 CrPC"  OR "CIVIL Injuction Suite u/s 39" ?

Main objective is to remove my from my own flat. I am ready to pay rent to her.

Please advise.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 December 2015

You can file both. 

 

Why are you ready to pay rent where case is not maintainable since not domestic relationship from last one year then how domestic violence may occur? 

Fighter   18 December 2015

Since I want to remove her from my flat I am ready to pay rent. Once she moved out of my house she will agree to give divorce filed by me. I am fine if i spend more money. But I want divorce as soon as possible.

Can anybody provide me sample applications for following:

"criminal suit u/s 144 CrPC"  

"CIVIL Injuction Suite u/s 39"

fighting back (exec)     18 December 2015

@rocky smith, the judgement which you have posted is not available on the courts website, moreover, there are strong rumors that this was appealed inthe SC.

Fighter   18 December 2015

Divorce filed by me (husband) 1.5 years back under mental cruelty. After 1.5 years wife filed 498a and 406, 34.

She is claiming that jwellery given by her parents and given by me is forcefully taken by me. But reality is all jwellery is with wife only.

She was working in our married life. Now she is claiming that I forcelly took all her salary amount and used it.

Based on jwellery and salary point she has filed IPC 406. 

On this ground she has filed 498a and IPC 406, 34.

How I can remove 406 in charge sheet stage only?

FIR is recently filed, 1 month old.


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