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Can I evict estranged wife without a divorce decree?


14-Dec-2023 (In Family Law)
I am retired person,Hindu. My wife is very cruel,quareling and torturing me for 25 years. But due to childrens well being, education and marriage I tolerated and somehow lived in the same house. By the time,I retired, all children got well settled and married. They are living separately with families.After retirement I and wife were living in a house in separate rooms without any physical contact.This house is in the name of my son,but jointly funded by me also.Due to her cruelty and torture, 4 years back, I shifted to another city. Earlier,I was in a rented house. 2 years back I purchased an apartment and living in this alone. She continued to live in the 1st house. About 20 days back, she came here(new house) and told she will be here for 10-15 days to attend some marriage. But now she is not leaving .she says she will stay here permanently. I am under great stress and torture.My health is going down.I am ready to provide her rented accomodation and maintenance. How to evict her ?
Answers (3)

Answer #1
674 votes
Dear Client, The best possible solution of this problem is to file a Divorce case in the respective Family Court on the ground of Cruelty under section 13 of Hindu Martiage Act. Otherwise, she has complete right to live with you as both of you are legally married couple.
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Advocate Kumar Karan

Adv. Kumar Karan

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Answer #2
995 votes
Without divorce you cant exempt frod your wife.if you will take divorce dring that time u will give maintenanbe only and can get exempt from ur cruel behave from your wife.maintenance or divorce can be filed only in the court of principal jude family court.
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Advocate RK Goswami

Adv. RK Goswami

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Answer #3
532 votes
At this age of life, it is better to settle the issue with discussion. Involve your children's to settle the issue. If matter failed to resolve through discussion, then file a divorce case with all the facts and documents.
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Advocate Kumar Abhimanyu Pratap

Adv. Kumar Abhimanyu Pratap

LawRatoPatna | 400+ Answers
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