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Praveen (Consultant)     04 August 2014

Younger brother's wife forcibly staying at home

Dear All,

One of my relative is faced with a peculiar situation and needs expert advise on the below mentioned situation


Issue: My relative is the head of his family, he got his younger brother married 2 years back, due to opinion differences the brothers separated. Now the younger brother's wife does not want  to stay with him and is forcibly staying at the elder brothers house.

The elder brother is no way liable for younger brother's wife and kid but still the girls parents being goons have threatened that she will stay at elder brother's house only as his monetary condition is better and can provide better fooding. This is causing enormous mental strain to the elders brother's family both mentally and monetarily as they are already old and heading for the retirement life.

Can the elder brother taken a legal course of action against younger brothers wife who is forcibly staying at his house, she is not willing to give divorse even though the younger brother is willing to give her divorse as both of them do not want to stay with each other. Pls advise what action can be on this matter





 5 Replies

great india (manager)     04 August 2014

Injunction suit by owner of house . Alternate rental accommodation or cohabitation with husband after legal notices. Then the show would start. They van brings bring law in between.......set it straight and legally.......

T. Kalaiselvan, Advocate (Advocate)     05 August 2014

The goons or anti social elements cannot always prevail upon this way.  The husband's elder brother can file a mandatory injunction suit  or ejection suit against her to clear her from squatting in his house without any semblance of right or interest. Consult a local lawyer and proceed legally against her.

K.K.Ganguly (Advocate)     05 August 2014

1. Lodge a police complaint for trespassing,


2. After that file an eviction suit.

Rangee (Lawyer)     05 August 2014

I agree with Mr. T. Kalaiselvan and other expert. pls carry out as suggested.


Mohsin (Proprietor)     19 August 2014

In case if the said wife files a DV case against her husband, husbands bro and other in-laws. Then does this DV case can protect the wife from evacuating. Usually they get residence order and then you are helpless. Even husband ready to take her to alternate accomodation, they do not vacate.

What to do?

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