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Wife had an extra marital affair forcefully living in house what to do
05-Sep-2023 (In Divorce Law)
I am married in the year 2011. No children. In the year 2016 September 30th I filed a missing complaint on my wife at Police Station, and the case is registered. In Police Investigation it came to know that she eloped with her boy friend. She was traced in the month of November 2016. I applied for divorce. In the year 2017 she filed 498A and DVC on me In the year 2017 July 29th she forcefully entered into my house by breaking the house lock. I called to police but she refused to go out and police are saying they do not have any right to throw her my house. She is saying it is her matrimony house and she have right to stay. We got the status co order from court but no use, police are saying we cannot take any action on status co order. The house is on my father name, my father went to old age house and i am in hostel. My wife is alone in house from one month. How to get her out from my house?
1.On which ground you filed divorce petition
2. Your parents have right to file case against her to get her out from house 3.are you have any proof illegal affair of your wife ,you have to file criminal case against your wife also
2. Your parents have right to file case against her to get her out from house 3.are you have any proof illegal affair of your wife ,you have to file criminal case against your wife also
Helpful?
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Adv. Pathikonda Murali
Chittoor | 100+ Answers
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Dear Sir,
What are the contents of the order? The order needs to be perused to render proper advice. The order of status quo is no doubt an injunction but having obtaining so, you cannot force your wife to comply with the same and the police will not help you as this is purely a matter of civil nature and the also the police has not been directed by the court to force your wife to vacate the property. Thus, an order of temporary injunction should be obtained from the court to avoid further complication in view of present social condition and the tendency of your wife to use force to remain stay put in the house. Take suggestion from your advocate and act accordingly.
What are the contents of the order? The order needs to be perused to render proper advice. The order of status quo is no doubt an injunction but having obtaining so, you cannot force your wife to comply with the same and the police will not help you as this is purely a matter of civil nature and the also the police has not been directed by the court to force your wife to vacate the property. Thus, an order of temporary injunction should be obtained from the court to avoid further complication in view of present social condition and the tendency of your wife to use force to remain stay put in the house. Take suggestion from your advocate and act accordingly.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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HI
A lady who has engaged herself in adulterous affair is not entitled for any residence or maintenance.
It appears that you have not filed any adultery case on her boy friend.
You should contest the 498a and DVC case and prove to the court that your wife was living in adultery and hence not entitled for any maintenance or residence orders.
Also since the house is on your father's name, your father can always file a case of trespass on your wife and have her evicted from the house as children and their spouses do not have any inherent right's on father's property.
A lady who has engaged herself in adulterous affair is not entitled for any residence or maintenance.
It appears that you have not filed any adultery case on her boy friend.
You should contest the 498a and DVC case and prove to the court that your wife was living in adultery and hence not entitled for any maintenance or residence orders.
Also since the house is on your father's name, your father can always file a case of trespass on your wife and have her evicted from the house as children and their spouses do not have any inherent right's on father's property.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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