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.

Answers (1)


346 votes

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


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