Can I seek eviction of my wife from my self-owned property.
I intend to divorce my wife due to various nature of cruelty inflicted on me by her since many years. I stay with my wife and my 14-year old daughter in an apartment which is solely purchased by me and the ownership of the apartment is solely in my name. Can I through court of law seek an order to evict my wife ( who refuses to leave and threatens me that she will seek claim on my property ) from my self-owned apartment and to shift her to a rented apartment for which I am willing to pay the rent. My daughter can stay with me or my wife as she desires. I need to then sell my property.
As per law you cannot evict your wife during the divorce petition. There judgement wherein court have observed that woman has right to residence at husband self acquired property and can contest the divorce petition from the same house.Your wife can file case under domestic violence and seek right to residence.
Further if you want your wife should leave the house then you are liable to give your wife a separate accommodation.
With respect to your regarding divorce, you can file divorce petition under Section 13(1) of Hindu Marriage seeking dissolution of marriage on the ground of cruelty.
Further since your child is minor, so as per provision of law you are liable to maintain your daughter. Therefore, there are possibility that your wife can file a case of maintenance under Section 125 CRPC thereby seeking maintenance
since the apartment is the shared household of your wife and daughter, you cannot get them evicted as a matter of right. She can file cases against you if you disturb her peaceful possession. As you are saying, you are seeking divorce, you file your divorce petition, the court may refer you to mediation where you can negotiate with your wife. you need to settle this condition with your wife or wait till the disposal of the case.
Advocate Shikha PandeyGreater Kailash-1, Delhi
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