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Can eviction suite can be filed against wife by aged in-laws ?
16-Jan-2023 (In Civil Law)
I am an Hindu & got into an arranged marriage about two & half years ago.But from the day one,I got mental & physical torture from my wife & I decided to approach the family court seeking divorce from my wife & in the month of Feb.16 the family court has given the ex-Party order in favour of me. Now i am staying in a separate rented house & my wife entered my parents house forcibly & denied to leave.My parents approached the police but they are unclear about the law in this case.The house is owned by my Father. Now she challenged the order in high court and filed 498a case against me and my whole family. Now my father filed an eviction Suite against my wife with the reference of recent judgement by Delhi High Court(Son has no legal right in parents’ house, can stay at their mercy). My question is being a senior citizens(Aged abt 77 & 68 years) how much time it will take to dissolve the issue. Is there any option for Senior Citizens to get it done in fast track? If so please help me
Dear Sirs,
As you have filed for the eviction suit, you need to wait until the suit is decreed. Even then, you cannot straight away evict such person, you need to file for the execution case for eviction. There is no specific period within which the matter has to be disposed. But the situation has now improved compared to earlier period.
As you have filed for the eviction suit, you need to wait until the suit is decreed. Even then, you cannot straight away evict such person, you need to file for the execution case for eviction. There is no specific period within which the matter has to be disposed. But the situation has now improved compared to earlier period.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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Just u have to approach the court, and tell to reason u r parents are senior citizen they required peaceful life, otherwise u have to approach the high Court for speedy disposal if any query contact me.
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Adv. Lalita Patil
Bangalore | 25+ Answers
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Thank you for your mail. The lengthy answer unable to write through email which runs to pages and unable to speak/discuss over phone for long time. Hence, according to your convenience, kindly meet us in our office with appointment.
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Adv. Ransa Vasanthi
Bangalore | 25+ Answers
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Your parents can file a supplementary application for fast track trial on the basis of their advanced age. However, consideration of such applications is largely at the discretion of the court concerned.
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Where in that case the son is evicted from house and facts are different so Delhi high court judgment not applicable to your Case
Already 498A charges pending against your family members and under such scenario your eviction suit is not maintainable and any forcefully eviction amounts to cruelty against her which will have adverse impact on all the family members both under penal code and Domestic violence Act 2005
Regards from
Ravindra
Already 498A charges pending against your family members and under such scenario your eviction suit is not maintainable and any forcefully eviction amounts to cruelty against her which will have adverse impact on all the family members both under penal code and Domestic violence Act 2005
Regards from
Ravindra
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Adv. Ravindra Prasad
Kolar | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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