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Need help in eviction of my spouse from metrimonial property


11-Jan-2023 (In Family Law)
I had already filled a divorce petition before the court against my wife. She forcefully entered to the metrimonial property which is in my mother's name solely where as she already has a shelter in our joint property. She was staying in the joint property but suddenly entered to my mother's property and staying here by capturing one room of the flat with my child (Son of 4 year). I offered her that I will withdraw case but she has to leave the matrimonial house for good. She hasn't given her decision yet.
Answers (3)

Answer #1
813 votes
you cant evict a wife from matrimonial home its a set law by the apex court, she is totally under guidance of her lawyer and its for good, she will take a huge alimony and there is no escape route and you will have to face it if anybody assuring you anything opposite be careful
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Advocate Aveek Bose

Adv. Aveek Bose

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Answer #2
663 votes
as your mother is the owner of the flat so she has full right and authority to keep her or to say her to go as you are saying you are ready to take back the divorce case so she should leave the house now yes she has to decide on one point....
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #3
937 votes
Hello, I have been through your query but for answering you in a better way I need a few more details. Some key details are missing in the query and as such its not possible to guide you in a legal manner. Regards, Shayan
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Advocate Shayan Sachin Basu

Adv. Shayan Sachin Basu

LawRatoKolkata | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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