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How to evict wife from my parents house
07-Dec-2023 (In Divorce Law)
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 and 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 had 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.Please suggest how can we enforce her legally to move out my parents house.
When an ex-parte divorce is granted, it can be challenged in the High Court. My advice is to first ensure you have all the details of the High Court case and are represented by a comptent lawyer. Secondly, you can file a case against your ex-wife by giving a written complaint and also annexing the ex-parte divorce decree to show to the Police that she is mentally harassing your parents when she is no longer their daughter-in-law and has no rights. Thirdly for the case in 498A, please ensure that you are represented by a lawyer in Court as criminal cases can be risky - I would also advice you to obtain an anticipatory bail for yourself and all family members who have been made a party by her in the case. All the best.
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There are many ways to solve your case. As she has already filed a 498A you need to defend it and can take other actions against her. If you file a divorce straightaway you may have to pay maintenance to her for all your life. Consult a lawyer with all the details of your case and you will get the best legal ideas and remedies. Feel free to contact for further legal assistance.
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Adv. Ayantika Mondal
Bangalore | 400+ Answers
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As per your case study, i understand that your wife is already approached professional Advocate. kindly look for better Advocate who can do the needful to you. Mean time don't take any wrong steps. Thank you
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Adv. Yogesh B
Bangalore | 25+ Answers
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