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Raghavendra (1)     16 March 2015

Wife entered into husbands house during divorce case

Dear Experts

I have applied Divorce in the family court on grounds of cruelty after she filed 498a in AWPS and DV maintenance case in district court.

Counselling failed and return back to open court subsequently she didn't file written statement also She didn't appear in Family court on medical ground or other excuse for the past 4 months.

Meanwhile she entered into my house where my mother only living alone and the house is registered with my mother name. She took the house key and she is not allowing my mother into the house. now my mother is with my sisters home and filed Direction case in High court. But the case is not coming for hearing for the past 3 months. 

In this situation, what shall i do - please help me to proceed?

Can i file one more case ( apart from Direction case filed by mother) not to disturb my mother's possession from her house?


Kind regards



 5 Replies

K.P.Satish Kumar (Advocate)     16 March 2015

obtain injunction from the district court to not to interfere with the peaceful possession of your mothers property. This is the only remedy and it fast and quick.

Raghavendra (1)     16 March 2015

Thank you so much sir.

But here, my mother has already applied and got an stay order from District court stating that to not entering into my house. But still she entered into the house. Only my mother is residing in that house. when my mother speaks with local police station they refused to take this case.  

Can my mother file a "Contempt of Court" case? ( since my mother already got stay order from district court)?


Kind regards



Going for contempt proceedings you can.  But how long and how far?

Sometimes you have to take matters in your own hands, come on, she is just as human as you, no need to fear this much.  Take stern step.  Anyway the battle has begun, anyway you are bound to suffer.  Better to raise to the situation than to roam endlessly to court.  These kind of women need to be handled in a very stern way.  Its now or never.

Raghavendra (1)     17 March 2015

Dear Helping Hand,

Thanks for your prompt response. But i could not get your point correctly. could you please help me to explain what kind of action that needs to be taken .Do you mean to speak with her with some intermediate person? If so, I did it plenty of times for the past 2 years.but no luck for me.  Initially i was in USA and she sent FIR copy(498A) to my HR department and based on her mail complaint i forced to return back to india and now i am staying alone in chennai.  In this suituation she didn't appear Family court from Dec 2014 onwards and producing medical certificate.

1)  How long Family court accepts these kind of Medical certificates?

2) Do i need to file any additional petition to get X-Party order from the family court? (Note:she is residing in my home and producing medical certificate in the family court)


Kind regards



She will stay there until the day she is married to you.  You either have to throw her out by using force, or go for contempt proceedings and get an order for evacuation from the court, which is easily possible.  After such evacuation through court orders with police involvement.  Giving medical certificate will buy her sometime, but what kind of disease is she suffering from?  Merely showing fake illness will help you move divorce case even faster.

My advice is, arrange for one time lumpsum settlement instead of thinking of ways to get rid of her legally.  Pay her money, and she will go.  If she were a good woman, she would not have done what she has done, she married you only for money that you are having good job and going abroad and working there.  You as a person hardly matter to her.  You do like this and you can be free man in 6 months time. 

Money can be earned again, not age.  Think fast, act swift or else you will spend next 7-8 years roaming to court and still end up paying her money in the end, so its better to pay now and get rid of her than to lose years and also money in the end.

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