Divorced wife not agreed to leave railway quarter.
Sir, i am a central govt. employee, working in railway accounts deptt. for my wives cruelty i was appeal a matrimonial divorce case, in the year 2007, then i was also leaving with my ex-wife & my son,in railway quarter , but after that i was leave the quarter & till date residing a rental house, in 2011 the matrimonial divorce got by me, but till date my ex wife & my 21 years son living the same quarter & they are not agreed to leave the same. what can i do? please help me.
YOURS TAPAN KUMAR BISWAS .
Asked in Family Law from MALDA, West Bengal
Wife has not residential right after decree of divorce,you can inform the matter to the Railway Authority with a copy of divorce decree and order that you have leave the quarter.certainly they will take necessary action,failing which you can take legal action in the court of laws.
forward copy of divorce decree to railways. that you are no longer staying in said quarters . railways will take eviction proceedings against your ex wife
Divorce having been granted by the court, your ex-wife does not have any right to live in the government quarter allotted to you. You may show a copy of the court order to the police and take its assistance to remove her from the quarter.
u can send divorce copy alongwith surrender certificate to railway department. let them get quarter vaccatted
Advocate, Greater Noida
I agree with my learned friend Avdhesh Chaudhary
You can give in writing to the railway authorities that you do not require railway accommodation and ask them to take possession of the same as you are finding it difficult to live in the small accommodation.
Then only you can show that you have shifted to rented accommodation other wise railways authorities may consider it to be a sub letting and may take action against you.They are not interested in the fact the flat is being occupied by your x-wife and her child
Advocate, New Delhi