I am married since last 10 yrs and living in a company provided residence. I am planning for divorce on ground of mental cruelty caused by her due to her adulterous behaviour. After filing of divorce can i force her to evict the house since it is neither mine nor of my family. I am ready to pay rent to her in cash so that she can live separately.
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1. Till the decree of divorce is pronounced by the Court, your wife shall be eligible for matrimonial home.
2. If you can provide your wife of an alternative accommodation at your cost during the pendency of the divorce proceedings, then legally it is in order.
1) as long as she is your legally wedded wife you cannot force her to vacate the matrimonial home
2)your wife can file Dv case and seek injunction restraining you from disturbing her possession of the house
3) you can offer her alternative accommodation
sir, I am ready to take a rented accommodation for her outside the society, which is company provided and exclusively for company employee. can I force her to evict this house where we are living right now? 1. If yes please tell me how? 2. If no please tell me whether I shall be forced to move out?
as long as she is your married wife she has right to stay in her matrimonial home .
2) in your case her matrimonial home would be where you are staying
3) you can vacate the flat
4) if wife refuses eviction suit can be filed by company against her
1. Since it is company provided house your wife has no right of residence therein ,more so,if you handover the same to company.
2. once you do that let the company vacate her from its premises. Company is in better position to evict ther than you.
3. The file the divorce suit and pay her alimony.
You cannot evict her from your residence till the time the divorce is not granted or your marriage is not dissolved.
She has rights to live in your house till she is your legally wedded wife.
I am ready to take a rented accommodation for her outside the society, which is company provided and exclusively for company employee. can I force her to evict this house where we are living right now?
You cannot evict her from the accommodation where you currently reside.
You can vacate the accommodation and take an accommodation on rent outside where you can accommodate her also till the time your divorce case is disposed.
. If yes please tell me how?
It is NO
2. If no please tell me whether I shall be forced to move out?
You can surrender the accommodation to the company and can look for an accommodation outside.