Respected Madam and Gentlemen.
I was married for past 9 years. Due to irreconsiable difference our marriage comes to an end with x-wife filing for divorce. We have one daughter from this wedlock. We signed mutual consent terms wherein it was agreed that my x would live in the flat, where we were staying earlier, which is jointly owned by my father and myself, until her remarriage.
But soon, she got in a live-in relationship with another man. She has shifted with my daughter to his flat alongwith most of the furniture and appliances from the flat that I had provided to her. To keep this relationship secret she has been denying me access to my child.
Please, I would like your esteemed opinion on the following issue:
1. since she not stay at the flat, owned by me and my father, and is accepting to staying at another place [from documents filed in court giving her current addres as the other man's flat]. What procedure can I adopt to get possession of the flat back, expecially since my father being a senior citizen of 80years could well use some of the money to his benefit of 'daan-punya'.
2. Will filing a police complaint help? If yes, what should it be?
3. Will a civil suit help? If yes, what the grounds should be?
Please help and advice. My father's blessings will always be with you.