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Puneet Mehta   11 July 2021

Property grabbed by wife

Hello. I am from Delhi and got married in September 2007. From the very first day, I and my wife shifted to our family-owned second house. My in-laws and my wife started harassing my parents and me due to which there were many fights. Finally, I had no choice but to flee from the house in Oct. 2012.

The second house is in my mother's name, but my wife has captured the house and is not ready to hand over the keys. She has locked the house and has been working in Chandigarh for the last two years. The house is locked and no one is living there. She is neither ready to give divorce nor leave the property. 

The cases filed earlier by her in 2012 got dismissed due to lack of evidence. But this house is still the bone of contention.

My query is following:

  • Does my mother need to send her a legal notice to regain access to the house?
  • Since the house is closed since last more than two years, can we break open the locks and enter the premises?
  • Is there a provision under law that if the couple has been living separately for more than 9 years, the divorce can be applied for (if one person is not ready for mutual divorce)

 

Your kind inputs in this regard are most welcome. 

 

 



 4 Replies

P. Venu (Advocate)     12 July 2021

What is the nature of the cases filed by her? What is the stand of your mother on the issue?

Puneet Mehta   12 July 2021

She tried to get a case registered under 498a but had to take back the complaint from Women Cell as she couldn't prove anything. She also filed a Domestic Violence case, which got dismissed due to lack of any evidence from her. Currently, there are no cases.

 

My mother wants possession of her house. 

Dr J C Vashista (Lawyer)     12 July 2021

The house is owned by your mother she need not send any notice to your wife. She may break open the locks and take possession.

Yes, you can file a petition for divorce u/s 13 (1)(i) & (ia) of Hindu Marriage Act, 1955 when your wife is not willing for divorce by mutual consent.

You may consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

M V Gupta (Advocate)     13 July 2021

As owner of the house your mother can break open the locks and take possession of the house. Possession of the house by your wife is only because she is your wife and now neither you nor your wife are staying in the house and the house is remaining without maintenance. Hence the owner of the house can take possession to protect it from deterioration.


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