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rising up again (FFF)     11 May 2014

How to throw her out ?



She stays in my self acquired property with me and my mother (in different rooms though). Now, she threatens everyday of doing something to herself and put false blames on me. As the property is in my name, i cannot throw her out.. 


1. Can i appeal in the court and request her to shift to another house which can be arranged by me and i pay the rent. Atleast, i am saved from the everyday trauma , me and my old mother faces from her... Would the court such kind of request , stating that i need to safeguard myself from her false blames ?


2. ALSO, can i stop her family to visit our house... ???? she keeps threatening to bring her mom and other relatives visiting our place and even staying over at night. Sometimes,she even calls her mother to our home and create big scenes there, bringing much harrassment and  bad name to our family in the neighborhood.. Is there any LAW or any RULE where i can put a stop on their visit ??? how can to do that ???? 


3. As she bringing much bad name to us....even when she is staying in our house... Can i file for a defamation case against us ??? or anything else to stop her doing so....???? 



plz help !!!



 38 Replies

Ranee....... (NA)     12 May 2014

The answer is a big no because she is your legal wife.

**Victim** (job)     12 May 2014

Originally posted by : Ranee.......
The answer is a big no because she is your legal wife.

Look who is talking.

Gautam Kapoor (IT professional Studying Law)     12 May 2014

Yes you cannot throw you out but she can throw you and your mom by virtue of DV .Advised to transfer everything on your mothers name and immediately move out from your mother pretending to have a big fight with her, parallely sweet talking the lady and recording all her alleged threats..keeping the taped records in orginal format.


Last Reply.

rising up again (FFF)     12 May 2014

dear Gautam, 


i know i cannot throw her out that easy..but can i appeal in the court to give her a separate residence on the basis of threat of false allegations on me of me trying to kill her etc etc ???? 


Also, i asked two other questions ??????/ do reply to them also....


thanks...in advance

Ranee....... (NA)     12 May 2014

You cannot stop her mother/friends/wellwisher s from coming to your home as this amounts to domestic violence under the Act. What bad name she has brought to you. If she is lying then let her. Lies can't go for long days . your neibours know you more than her.So don't worry. Has she already filed DV case...? If so then you can request the Judge to grant a order to go her in a separate residence provided by you. If case is not filed then don't even think of it!

stanley (Freedom)     12 May 2014

Be firm when you deal with her and straight away state to her that any of her relatives are not welcome in your house .

1. Let her go ahead and file a DV case .

2. you can transfer all your assets in your mothers name .

3. Take a rented place and move out over there for the time being . 

4. When she claims for right to residence under DV act straight away state to the judge that you are not ready to keep her with you in your place alternatively you are ready to provide her rent .

The judge will oblige with your request but be ready to provide her with maintenance if she is not working .

Be prepared for a long battle ahead and frequent trips to the court since all this ends up in divorce which takes years .


Ranee....... (NA)     12 May 2014

Hello Mr Victim . . . don't be so excited seeing me!

stanley (Freedom)     12 May 2014

Originally posted by : Ranee.......
Hello Mr Victim

. don't be so excited seeing me!


great india (manager)     12 May 2014

stanley has advised the proper stratergy.
1.other alternative if the order goes against you is to mortgage the property.

2.loan against property and then auction etc etc.

3.if the battle is getting nasty, better sell it off before or after gifting to mother before ANY COURT ORDER.

4.remember gifting and selling off would save your tax and wont show in your returns which is calculated in maintenance cases.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 May 2014

You can apply  to the court for divorce and for judicial separation pending grand of divorce. Give real as well as exaggerated reasons in the affidavit. You can say that your life and your mother's life are in danger, she may poison your food etc. The affidavit should be such as to prempt any action by her under DV Act or 498A..

rising up again (FFF)     12 May 2014

Thank you guys... 


But have heard... that gifting the property to mother would also bring trouble to me... !!! 


Case Status - Am filing my case in next few days and am sure the DV, 498A will follow.  She earning more than 35k per month.  now, just before the case, transferring the house has not been advised to me...by many.  ALSO, can i not file a defamation case against her... and also stop her parents/ relatives visiting my house...as they create much trouble for us every time they come.  Is thr no law for trespassing ?????  wud that not be applicable here ??? 






**Victim** (job)     12 May 2014

Originally posted by : Ranee.......
Hello Mr Victim

. don't be so excited seeing me!

Utpalaji i am glad that you are giving advices to everyone here. We need someone like you !
By the way i like the question of this forum "How to throw her out ?"  what do you think ?

Saurav (Engineer)     12 May 2014

Evidence, Evidence , Evidence.

3 words.

Gather as much evidence as possible and use the evidence against her .

Shantanu Wavhal (Worker)     12 May 2014

there are 100s of ways to throw HIM out.

there is not just a single way of throwing HER out.

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