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Can wife be made to leave house of inlaws if she claims maintenance
27-Aug-2023 (In Divorce Law)
My wife live with my parents and I filed divorce against my wife. When she got summon from the court of divorce case she filed domestic violence case against me, my father and my mother. Both have crossed 70 years. Right now, she lives in my mother self acquired property. She is not much educated. Hoping, she will be claming maintainence and as per my information, she will able to get around 40 thousand. Question: Do we have the possibility to get her out from in laws home after clamining maintenance? if Yes then how much time it will take?
Dear Client
As per law it appears that your wife has a domestic relationship with your parents and she resides at your mother's house which comes under the definition of 'shared household'. It is now difficult for you to make her leave since as soon as she is ousted from your property she will get a court order for restraining you from removing her from the shared household. However there are other things which you can do. You may provide detailed facts for better advice. Feel free to contact for a meeting or discussion.
Adv. M. Chatterjee
As per law it appears that your wife has a domestic relationship with your parents and she resides at your mother's house which comes under the definition of 'shared household'. It is now difficult for you to make her leave since as soon as she is ousted from your property she will get a court order for restraining you from removing her from the shared household. However there are other things which you can do. You may provide detailed facts for better advice. Feel free to contact for a meeting or discussion.
Adv. M. Chatterjee
Helpful?
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Dear client,
Yes ur mother Can filed civil suit against ur wife and against u because that property is her self acquired property sir whether she can got residence order under DV act.Dear client for more clarification u can contact me and I m happy to helped u.
Yes ur mother Can filed civil suit against ur wife and against u because that property is her self acquired property sir whether she can got residence order under DV act.Dear client for more clarification u can contact me and I m happy to helped u.
Helpful?
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Adv. Mudassar Khan
Delhi | 200+ Answers
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no. where she resides is her matrimonial home and shared household and she has every right to stay there. you cannot legally remove her from the house. however there are other legal means of doing the same. please get in touch
Helpful?
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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Hi..
As per ur facts of the case you can get her vacated anytime from ur mother house by filling a petition in the concerned court. She cannot claim any residence right on ur mother' property rest depends upon other facts of the case.
As per ur facts of the case you can get her vacated anytime from ur mother house by filling a petition in the concerned court. She cannot claim any residence right on ur mother' property rest depends upon other facts of the case.
Helpful?
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Adv. Bigul Nanda
Delhi | 100+ Answers
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Hello client hey.
As per Ur query u want tht Ur wife should leave your house as she is already demanding maintenance from you and as Ur saying tht if court will listen her then she will get maintenance of near about 40000 in maintenance only as at present she is living with your mother. In her self acquired property .yes you can make her out of Ur mother's house as per law .definately you will get relief.
As per Ur query u want tht Ur wife should leave your house as she is already demanding maintenance from you and as Ur saying tht if court will listen her then she will get maintenance of near about 40000 in maintenance only as at present she is living with your mother. In her self acquired property .yes you can make her out of Ur mother's house as per law .definately you will get relief.
Helpful?
23+
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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