kshitij (manager) 01 August 2013

Please help

my wife is living with my parents and her domestic violence case has been going on asking for interim maintenance..............fortunately she did not file dowry case...no 498a.....no women cell complaint.....no criminal cases.......... i filed a divorce case against her 1 year back but last month i have withdrawn my divorce case............... but i don't want to live with her so i stay at a rented house............ now my query is:

1. is there any way by which i can throw my wife out of the house (her sasural)??

2. suppose if she withdraws her domestic violence case ....then koi bhi tareeke se main usko ghar ke bahar kar sakta hun?? agar woh police ko bulade toh police uski help karegi?? ya wife ko again court jana padega fresh case file karne ke liye?

3. legally kya way hai usko matrimonial home se nikaalne ka?

4. legal trouble se save karne ke liye maine divorce case withdraw kia because mere paas evidence nahi tha wife ke against allegations prove karne ke liye.......kya maine galti ki divorce case withdraw karke??

5. agar meri wife domestic violence case lose kar jaati hai toh kya court usko matrimonial home se evict kar dega?

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4 Replies

Adv k . mahesh (advocate) 01 August 2013

already given in your pm

Prashant Agnihotri (Lawyer) 01 August 2013

You can file an application before the court to quash the domestic violence case,by saying this case lodged by your wife is fake,if she has any problem,why she is living at your home,why she is not going to her parents home. & if she is living without you,more than six month & you can prove this in the court,you can win the case of divorce.

1.there is many process,which can help you to throw your wife out of house,The real & registered owner of the house can do this act,you need to prove in the court,your wife is not a civilised person,or she is infected from a disease,which is communicable to other family members,if you can prove it in the court.you will won.

Adv. Nikhil Seth (legal consultant (9867264707)) 01 August 2013

In your case aapko divorce withdraw nahin karna chaiya tha , becoz anyways aap apni wife ke sssath nahin rehna chahte hain bine divorce ki decree woh aapki wife hi kehlayegee. DV case ke liye you fight it out aap gabraye nahin woh aapke shared house hold ke liye prayer nahin kar sakti . Currently aap ko dv ffight karna padega . usually dv file ghar se nnikal dene ke baad kiya jaata hain . aapke case yaap ki wife saath reh rahin hain . aapko prove karna padega dv maintainable nahin hain aur dv case dismiss karana padega . aap kuch aur details de payeenge to aur suggestions suggest kar payengee .

Regards.

Adv. NIKHIL SETH

Mumbai

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 August 2013

Dera Querist,

My opinon on your quiry as under:

1. is there any way by which i can throw my wife out of the house (her sasural)??

Opinon: If you are not living with your parents than she have no right to enter in your parents home, legally your parents can file a civil suit for injunction before civil court and get a restriction order from court.

Opinon: She have right to live with you there is no procedure without divorce that you can through out from the home in which both of you were living.

3. legally kya way hai usko matrimonial home se nikaalne ka?

Opinon: There is no legal way to through out from matrimonal home, illegally you can do anything.

Opinon: Yes its your big mistake without any proof you should not filed any case against her, filing the case without any reasons comes under cruelty

5. agar meri wife domestic violence case lose kar jaati hai toh kya court usko matrimonial home se evict kar dega?

Opinon: No indomestic violence case the court have no power to evict the wife from her matrimonal home because this act is made for proctection of women...

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