Adverse possession by separated wife
16-Apr-2023 (In Family Law)
My father deserted my mother in 1986 and got married to someone else by converting to Islam for the purpose of marriage. He tried to evict my mother from her matrimonial house (which is in my father's name) too but she refused to leave. Ever since she has been in the apartment and also paying the maintenance dues and any repair or other costs for the apartment.
All maintenance receipts come in my father's name even though payment is from my mother's account.
Can she claim adverse possession over the apartment?
Adverse possession is not applicable to this case. But your mother can claim maintenance, possession of the house under Domestic violence act. You can also register FIR for bigamy and 498a(cruelty towards wife) against your father as he as converted only for the purpose of 2nd marriage.
Dear Sir,
Your mother may file DV case and take protection order not to evict from the house. Secondly she may file permanent injunction suit claiming injunction order ex-parte against her husband restraining him from evicting her without due course of law. Thirdly she may file complaint for the offence of bigamy since he married for second time during the subsistence of first marriage without legal divorce and to escape the clutches of law he was converted to Muslim Community.
Your mother may file DV case and take protection order not to evict from the house. Secondly she may file permanent injunction suit claiming injunction order ex-parte against her husband restraining him from evicting her without due course of law. Thirdly she may file complaint for the offence of bigamy since he married for second time during the subsistence of first marriage without legal divorce and to escape the clutches of law he was converted to Muslim Community.
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