Me & my family is in deep trouble. I am fighting divorce case with wife, I am the petitioner. She remained with her parents for 1yr & put DV case on me; but denied reliefs by court. Now suddenly she has forcibly enterd in my parents' house 14 days ago. Police bribed till neck. Fearing her motives & conspiracy, parents immediately removed themselves from that house n informed SHO in writing. They locked kitchen, store etc & she is using remaining part of the house alone. Her parents have ensured external help to her. Police is not hearing any of the pleas, SHO's simple formula:- 'take her back in ur life or else we have no right to remove her'
We also knocked the doors of court. After some hearings, magisterate asked for witness, copy of land-registery etc. Now he has asked to try her U/S 448 n summoned her after 25 days. The much needed relief for senior citizens to restore them back into their house & removing the wife from it, did not came in the order. My questions are:
1) What is the best possible remedy? She may be tried in lenghthy 448 proceedings; but where will the old fellows go? Can law evict her even now?
2) The police complaint is still pending, parents have met some higher officials also. Can SHO take lame excuse at this stage 'Matter is now sub-judice, I cannot evict her'. As far as I can understand, such tresspassing is cognizable offence, police can still evacuate her if some higher police official wants to evacuate her from house?
Plz reply asap, the old couple has already suffered much, spending nights here & there!