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Wife forcibly entered parents house how can I evict her
09-Jul-2023 (In Divorce 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 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. Please suggest how can we enforce her legally to move out my parents house.
She is no right enter into the your fathers house, ask your father to lodge trespass complaint against her in the Police.
The relation between you and her no more existing due to divorce got by you.
The relation between you and her no more existing due to divorce got by you.
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Adv. Periyaswamy K S
Bangalore | 100+ Answers
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Can a husband tell his wife to leave the house?
A court order is required to force a co-owner out of the house. For example, if a person has been accused of domestic abuse and the court orders them to leave. If you dont have a court order, and you and your partner bought the home together, you cannot tell them to leave. 12-Jan-2023
Can a husband remove his wife from his house?
The rights of both spouses to live in the marital home are equal until one gets a court order to leave. It doesnt really matter who pays for the bills or fulfills the needs of the home. Both partners have the same rights in the marital house.
Can a husband get his wife out of the house?
You don't have to leave the house just because your partner tells you they want you to. Both parties are entitled to remain in the house. You cannot be forced to leave your home without a court order, unless domestic violence is involved. To obtain a temporary order, a hearing for temporary orders must be held in the divorce.
Can husband stop his wife entering in house?
You should be aware of the potential civil and criminal liability you may face if you prevent your wife from entering the house she owns without a court order granting you temporary or permanent possession.
You need a proper reproachnent from court and police now,yes in these circumstances generraly police do not want to take any action,but if she continue there would be technical difficulties and legal issues with your parents ,hence you may contact our office or find a good lawyer who can handle things in your favor as per law.OFc : Adv Pankaj Kumar
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Sir,
You have not mentioned whether your wife has challeged the exarte divorce order or not? Secondly you have not mentioned whether she has filed any case under Domestic Violation Act against you and your family. Since she can also obtain an injunction order from the Family court in the Domestic Violation case, a right to enter and stay in your home. You please cross check all these aspects and in case if has challeged the divorce petition and obtained a stay, in such event you can not do anything in this matter.
Thanks and regards
You have not mentioned whether your wife has challeged the exarte divorce order or not? Secondly you have not mentioned whether she has filed any case under Domestic Violation Act against you and your family. Since she can also obtain an injunction order from the Family court in the Domestic Violation case, a right to enter and stay in your home. You please cross check all these aspects and in case if has challeged the divorce petition and obtained a stay, in such event you can not do anything in this matter.
Thanks and regards
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Adv. S.A. Mohammed Rafi
Bangalore | 25+ Answers
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