I am 29 year old male married on 30 June 2015 working for SBI posted in Maharashtra. I have filled divorce against my wife for mental cruelty and infidelity on 1 July 2017 in Agra UP. Before filing divorce my wife was at her home in Agra but as I filled divorce she came to my house in Agra which is on my mother's name. After that I came to Maharashtra to join my duty. Now she is harassing my parents. And not ready to leave that house. Her parents also threatening me to kill , I have recording for that. On first court date her family didn't show up in the court. And saying that we will not show on any dates. My lawyer has sent notices to them. How can I send her to her home... And is it possible that my wife can say in court that she has not received any notice as notices are being served to her parents home. If they don't show then what is the procedure to get ex parte decree. PS: My wife is graduate housewife and I have a son one year old. I just want send her home Asap.
1. During the subsistence of marriage a woman has the right to reside in her matrimonial home.
2. In order to evict her you have to file a suit for her eviction in the civil court and prove that her cruel acts are not conducive to your physical and mental well being.
3. Ex parte decree will be passed by the court if the summons are served but she does not appear personally or through her lawyer to contest the case.
1. Service of summons on her parents is valid service of summons.
2.Since the house belongs to your mother your wife has no legal right to say there.
3.So ask her to file an eviction suit to drive her away.
4.if your wife remains absent in the divorce suit ask the court tto fix the matter for ex parte hearing.
5.in the same suit you can seek interim custody of the child.
1)your mother should file suit seek court orders to direct DIL to vacate portion of house in her possession
2) DIL cannot claim any residence rights in house standing in name of MIL
3) serve summons to her at your address if summons are returned un served
A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. As per the DV act it the duty of the husband to provide accommodation to wife in a shared house. If the house is in the name of your parents (They are the absolute owners of the house) they can file a injunction petition against your wifes stay and evict from their premises. But a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.
infidelity is not a ground for divorce. But it goes up to adultery is a good cause for divorce.Infidelity is a factor in many divorces,
An exparty divorce is not good and it can be set aside any time .The better serve the notice properly.It is the duty of court to check whether the notice is served or not.If it is not served the court will ask you to take steps again in correct address. If she is not received the notice then you have alternate remedies like publish the notice in news paper with permission of court.
If she do not show up on the date mention in the court summons, the court will grant ex- parte divorce.. If you have recordings of threatning, you can lodge a police complaint against you father in law.
Dear Querist
First of all immediately file a domestic violence case against her through your mother and claim the eviction from her home as the home is in her name and nobody can restrain her to enjoy her rights.
later on approach to the family court where your divorce matter is pending, regarding declare her as ex-party as the family members of her(your wife) has already received the summon of your case.
Feel Free to Call
Hello,
If she does not turn up before the court for consecutive days then the court will proceed and pass an ex parte decree. you may file an injuction suit against your wife also.
Regards
She has rights to reside in your house till the time she is legally divorced.
If you take any steps to send her out of the house, it may backfire and some other consequences will develop.
If she is not receiving court summons there alternate remedies for that.
You can be in touch with your Advocate on all such further issues
I am posted in Maharashtra but I filled case in Agra uttar Pradesh which I think I made a mistake because her family has strong hold in Agra.and they are threatening me to kill. I have one call recording of his father while he was threatening me to kill . as I am working for a PSU bank in Maharashtra can I get my case transfer here on fear to get harm basis.
On the ground of fear ,you can't transfer the case.For interstate transfer you can approach the Supreme court of India with valid grounds.
It will be better to withdraw the case from Agra court and then wait till some time and then you may file the case in Maharashtra if there is any cause of action arose for filing the case in Maharashtra as per section 19 of Hindu marriage act.
For getting the case transferred to Maharashtra you may approach supreme court with a transfer petition stating all the details and justify your claim for transfer.
For transfer of case you will have to file Transfer Petition in Supreme Court. The Merit of such case though is very difficult to predict.
You will have to file petition in SC to transfer case from Agra to City on Maharashtra
2) rely upon transcripts of call recording wherein FIL threatened to kill you
Court usually does not pass order in favour of husband in transfer cases and you will have to file a transfer case in SC which will be costly for you, take a good lawyer on panel who can handle your case efficiently.