My wife is not ready to live with me. I hv been living alone fr a year. Wife filed a false dawry case on me & family in Patna, Bihar. Her intentions are not good. I had also filed for divorce earlier to her dowry case. Divorce case is in court but she didn't attend 2 dates. Fr daowry case nothing is happening. Police has not filed charge-sheet till date i guess even after 6 months. We all got anticipatory bail. She is living in my home with her family members. Bole to kabja kar rakha hai. My family is out of own house. she doesn't allow anyone to enter. She has locked all the rooms. She shouts n even hit my family members when they go there. Father had installed CCTV cameras in common areas fr his safety as she blames him of violence & rape attempt. but she broke all cameras. She also go to tenants and ask for rent.She is violent not us. She can fight with anyone. she can hit anyone. even i got 2-3 knife stokes frm her. we r contacting police but they do nothing. Don't even take complaints against her. But they are ready to take complaints against us if she files. That is my ancestral property and still in the name of my late grandmother. Father is tensed and seriously thinking of selling that property. I also lost my job because of dowry case. Police had came to my office in Delhi. That time i hadn't got bail. Honorable judge of Patna high court clearly told her on her face that she is a liar as she was trying hard that i don't get bail by crying n shouting. U can imagine how she is if can shout in high court. She says na mere sath rahegi aur na hi chhodegi. Everybody in my whole family is now pissed off. I m in Delhi and my father is not allowing me to come there as he is afraid of filing more false cases upon me. My condition is like I cud do anything now to her. She totally ruined my carreer and my life. I m also thinking to move frward as it getting difficult to live alone fr me without a partner. u know wt i mean. I want to know what options are there to control her. I know i can't ask her to leave my house but there must be some rules to take action against her.
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File a written Complaint before the police. If they don't take any step or donot accept your Complaint then take help from a local lawyer to file Complaint case in court.
What is the present condition of your divorce case?
If you and your family want then can seek help from Human Right Commission. Or seek help from Human Right NGO(s).
if police is not cooperating, ask your parents to file a complaint directly to the jurisdictional magistrate under 156 (3) CrpC as she has harassed them and trespassed there house the magistrate shall give appropriate direction and also restrain her.
the dowry case if there are no allegation proved against you in investigation file under 482 C.r.P.C for quashing of the Dowry case. Kindly check with IO what is the status of Charge sheet once it is filed and there are no charges move to high court for quashing.
in divorce case are evidences over ?? or at what stage it is??
If she is not cooperating and delaying the proceeding seek direction from HC for early disposal of case but for that the actual condition of case it to be see.
Dear Concerned,
You are certainly in deep legal trouble when your wife is actually in illegal possession of your house. This is a detailed discussion and solution to your issue are available and is multi facet we would suggest you to kindly contact through kaanoon for a detailed discussion on your subject .
Your case is a perfect example of cases filed by your wife as retaliation cases after your divorce case. Hence a correct strategy will give you favorable results.
Best of luck.
Your father and his siblings should file suit and seek court orders to direct her to vacate the house standing in your grand mother name
2) seek permanent injunction restraining her from disturbing his possession of house
3) if wife is not appearing in court in divorce case you would get exparte decree
1. The wife has right of residence in the house owned by husband.
2. SO if the house wherein she is residing is owned by you nothing can be done to oust her.
3 Now if the same belongs to your parent then he/she can file a suit for her eviction.
4. If you wish to dissolve this marriage then pursue the divorce suit vigorously.
5. if she is unemployed then you will remain liable fro her maintenance @ 1/3-1/4th of your income.
The legal heirs to your late grandfather can get her evicted from this house.
At present, she is having an illegal occupation upon this house.
Thus, after giving her an eviction notice, an eviction suit must be filed.
Pursue your divorce case vigorously.
Lodge a FIR against her.
If the police does not entertains you, file a private complaint.
You need to divorce her on grounds of cruelty. Court will grant you the same. Till Divorce she can stay at your residence being your wife you can't drag her out.
The property owner i.e., your father can file an eviction suit against her to dispossess her from occupying the property illegally
You can approach the higher police officer against the local [police for not registering the complaint for the her atrocious and violent acts by not allowing you inside the house.
If you would like to move on with any other woman, though this an extra marital affair, it is not a crime unless that lady is a married woman.
This is not an offence as pr criminal law, but a ground for divorce in the family law.
Thnx all for ur replies. I think i sud had written pointwise. Plz consider below- 1.House was in the name of grandmother who died without leaving any will. She has 3 sons n 3 doughters. This house was mutually occupied by my father. I m the only son. 2.she n her family entered forcefully. We hv no prob with her but she is not letting living my family. My father thinks he cant do anythng abt that n ready to sell the prpty. Police is not supporting n i guess local lawyer is also kot giving him write suggestion. 3.I am also thinking to file for defamation and compansation. I lost my job twice bcz of her. 4. Situation is so tensed. Its like anythng bad can happn anytime. We are controlling ourselves very much. Its sad that there are so many laws fr women none for men. Men hv to seek help of HRC & NGOs. 5. We ll b fighting divorce n dowry case but this time we need to evacuate her frm prop which is not in my name. N yes i m also thinking to move on. I think i can be in relationship with a widow or divorcee or an unmarried lady of my age (30). I m living alone fr more than a year. But can my wife legally take action against me fr this? 6. I would really look forwrd to contact a lawyer who is active in Patna(Bihar) or who can help me here frm Delhi also.
There are number of lawyers on this website from Delhi or Patna contact any of them
2) your father and his siblings should seek court orders to direct wife to vacate house in her possession
3) you can file defamation case under section 500 of IPC
1. Since you are not the owner of the house your wife can not seek right off residence therein.
2. If they have occupied the house then file a case of criminal trespass and then civil suit for eviction.
3. This will not stand.
4, Yes but not of much effect.
5. Yes, she may seek divorce on the ground of adultery.
6. You may contact me.
If the said flat of your father was her shared household where she used to stay after marriage neither you then she can stay there till your divorce. Secondly if she is harrassing you senior citizens parents they can't file case under senior citizens Act, domestic voilence Act and IPC sections against her. You don't have to tolerate her misbehaviour. You can approach the court and evict her out and give her alternative accommodation on rent.
Dear Concerned,
Here is Step By Step Solutions
a. Illegal Possession of Property - ASK Your father to file an eviction suit against your wife and her family as they are illegally occupying this property and be 100% assured that if contested well - your wife has to vacate the house.
b. You can not file defamation suit against your wife at this stage of your cases - However in the cases of compensation or maintenance filed by your wife mention these facts that you can not support her as you are not earning due to her nuisances at your work .
c. Yes - you can stay with any woman you want to stay with BUT do not put anything in document unless you have divorce from this present one. REMEMBER Live in relationships also give rights to a woman as wife if it is a long standing relationship...... SO better think it out.
Best of luck
1. If the property belonged to your grandmother and she died intestate then if she died as female Hindu Intestate, ther her legal heirs will get share as per Hindu Succession Act provision of "General rules of succession in case of Female Hindus".
Did the other Legal heirs gave any NOC to your father? If no, but if they will give, then only your father can freely enjoy the occupancy. If yes then ok. If no and other legal heirs want shate then the property will devolve as per General rules of succession in case of Female Hindus.
2.on what basis she is not letting your family enter the house? Do your family have any other shelter? Where they are staying now?
See, the property originally belonged to your grandmother, therefore your father slone cannot sale the property because there was no will from your grandmother.
3.so much has happened so take steps asap.
4. Where there is right, there is remedy. HRC, HMNGO are for all, when there is any infringement if human rights, etc. then one can seek help from them.
5. If you want to move on then take that step after divorce is granted to you and your wife from Court.
6. Firstly try to consult a local Lawyer, if you need legal aid then you can visit any legal aid camp, besides you can also seek help from HMNGOs' lawyers .
1. Upon intestate death of your grandmother, the property shall devolve on all her six children equally.
2. There is no solution with police on this. Your father should have filed a partition suit seeking partition and separate possession of his legitimate share in the property and an injunction application agaisnt her to not to disturb your possession till the partition suit disposed.
3. That is your personal and private decision, do not mingle that subject to this proerty dispute.
4. You have wrongly understood the laws.
You should know that the laws are common for all, you have not approached proper law seeking legally valid and lawfully justified solution.
You should have taken advise from an experienced lawyer who would have guided you properly.
5. Your wife cannot take any legal action on this property dispute.
6. You may search for a good lawyer from this forum too.