• Wife forcably entered in the house

SIr, Wife has deserted me since June 2008. Sh filed Domestic violence case in 2013 in criminal court. Not attending case for long time. I have filed Divorce case under dissertation and cruelty.
Wife is demanding maintenance and claiming flat. Once it is rejected by Criminal court. No case progress because she/her lawyer is absent most of the time.
Four months before she left I have registered my new flat on both name (wife as co-owner). She was house wife that time. Now Lecturer in engg. college. All flat payments I did and acquired flat. And staying there for last 6 years. Now, in my absence wife brake open the door and entered flat and not allowing me to enter flat. I called police and removed my important documents from flat. Police suggested not to stay with her in flat as she can do anything wrong and you will be in trouble. 
I want to know advice to file case against her and lock the flat till other case order declared. Also this time she preferred to take law in hand and instead of waiting court order she forcably entered house. She is in and I am out now.
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1) file declaratory suit that you are owner of flat as all EMI have been paid by you

2) mention that no part of EMI has been paid by wife

3) enclose documentary evidence of all EMI has been paid by you

4) seek orders to direct wife to vacate the house

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Immediately file a civil suit for injunction and possession before family court or civil court for restraining order and possession of property.

Being a co-owner of the property she has rights in the property and being legally wedded wife she has right to reside in the house where you are residing as per section 19 if protection of women from domestic violence act 2005.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) you need not stay together with wife who deserted you

2)since flat is in joint names wife can claim right to stay in the house

3) you can file declaratory suit as advised herein above

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Hi

As a matter of fact and by law she is joint owner.

No court can take her away from that tht as you have made it in that way unless you both make an amicable settlement.

She cannot get the house in her name alone ,she can get only her share as the co owner unless you agree as a part of divorce settlement.

Regarding the cases she filled and dismissed are not any more effective if not properly conducted by her lawyer.

The best option is to try for an amicable settlement talk to her for this and see what are the terms.

Even if you have paid EMI the ownership which you created in her name cannot be nullified. Without contribution she became the joint owner and she had the equal right.

So try for an amicable way instead of dragging as under the provisions till you both finalise your divorce three dispute of ownership and her RT as a wife will be there and she will be able to get an order for that under existing provisions by filling fresh cases.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1.That since your wife is the name lender in the flat she is deemed to be his co-owner even though all the consideration money has been paid by you.

2. Even if she would not have been his co-owner she had a legal right to stay in the flat .

3. In that context you have no legal recourse to evict her from the said flat though you have every right to enter into and stay in the same flat.

4.Contest the criminal case on merit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

I want to know advice to file case against her and lock the flat till other case order declared. Also this time she preferred to take law in hand and instead of waiting court order she forcably entered house. She is in and I am out now.

Since the house is on both the names, she is entitled to 50% share in the house equally with you.

However you can file a partition suit agaisnt her seeking partition and separate possession of your share because she is the joint owner of the property.

Whether you funded for the property fully or contributed a little, the question of law is since the property was bought in the joint names, she is a joint owner hence you cannot deny her share in the property.

You cannot even force her to vacate the house .

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

What do you suggest? I need to get back possession and stay together with my wife who deserted me and entered in house? I am looking for removing her from house and wait for court order on her claim OR seal the flat till court order.

You cannot seal the house especially if she is residing in the house and you cannot even evict her from the property since she is half owner of the property.

Probably, you may not get a court order also fully supporting your views.

Even if you prove that you paid all EMIs, since the property is on both your names, she is entitled to her share in the property legally. The criminal cases are different to that of the civil case.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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