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Paul (pvt)     28 May 2024

Problems from spouse

I am living along with my teenage sons & in possessions of my wife's flat as the title deed is in her name and now, she is staying in her father's house as I asked her to stay separately due to loads of differences, incompatibility. Later she filed complaint in police which I managed fortunately no action against me. In this situation she filed divorce case which is pending. My question is that she is likely to file a civil suit And are there any chances of court asking me to handover the current possession to her after or before divorce? Note: Earlier I posted this query but looks like it got confused because of too many issues and now concise to current issue.


 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 May 2024

As the flat is her name she is the absolute owner of the flat and you have to hand it over to her.  

T. Kalaiselvan, Advocate (Advocate)     28 May 2024

The suit for ejectment and possession of property by the property owner against the occupier is different subject to that of the divorce case.Both can run in parallel and simultaneously but neither case can affect each other.

If the court passes an order to vacate then  you have no reason to stay in that house which will be treated as contempt of court.

Dr. J C Vashista (Advocate )     29 May 2024

Of course (undoubtedly) she will file a suit for eviction (possession) from her flat and you have no right, claim, interest or title, accordingly you will have to vacate.

Paul (pvt)     29 May 2024

THIS law in our land is absolutely doesnot provide right to equality. It is a clear cut dicrimination for men in our country. I did witness in other case where the lady/wife occupied her husbands property and he is staying outside from his self acquired property.many counsels say that husband's eviction case will not work as he has to pay alimony to his wife in the divorce case and likely she can ask the husband's property in possession in her name during alimony stage. They further say evicting a third party tenant itself is very very difficult task, forget about wife??????????

T. Kalaiselvan, Advocate (Advocate)     29 May 2024

There is no answer for your own way of understanding the law and giving incorrect opinion. 

Every case is different to each other. 

You concentrate on your case alone and look for legal remedies. if there's any applicable in your case. 


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