• False domestic violence case and vacating of house

My wife has lodged a false domestic violence complaint (it has still not reached the FIR stage) against me in mahila thana in Feb 20. We left for our respective hometowns in June 20 and the house is lying vacant since then. I want to vacate my house (i am the sole legal tenent) as my company has allowed me to work from home due to covid situation. But she is not allowing me to vacate. She does not have any valuables and has locked her clothes and other stuff in her private almirah. In the mail she has agreed that the keys are with her. She says "You know and have seen that the wardrobes that you mentioned only have our clothes in them. My valuables including gold and other belongings are outside the wardrobe.In case any shifting is to take place, then YOU ARE SOLELY responsible for the items-LOSS, DAMAGES or MISPLACED." Kindly guide me as to how i can vacate the house hassle free without any issue. Can Police be of any help in the vacation process.
Asked 8 months ago in Family Law
Religion: Hindu

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6 Answers

Ask landlord to issue you notice to vacate the premises 


2) if your wife refuses to vacate ask landlord to file suit for eviction against you 


3) issue notice to wife to vacate her belongings kept in wardrobe as you have to surrender premises 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Just ask the owner to file a evacuation petition against you and you simply vacate the house after receiving the notice 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Ignore her threats . Thus us empty threat and even if complaint is lodged no serious case would be initiated. 

2. So if you don't have any duplicate key break open the lock and hand over the vacant possession to your landlord. 

3. Being a tenant you have got every right to surrender your tenancy at any point of time. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

If you want to vacate the house and your wife is not cooperating owing to the current cases, you may issue a legal notice to her demanding her to remove her items remaining in the house within a fixed deadline, failing which you can inform her that you will vacate the rented premise and shall keep all her belongings outside the house and you cannot be blamed or held responsible for loss of any kind.

You have to take this drastic step if you wish to protect your interests in this regard.


T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

You can seek courts help only of the case is before court. You can seek police help and take the belonging in presence of police along with videography

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

send a notice to owner that you have some issues with your wife and you do not want to continue your rent agreement further. Asked your wife remove her stuff from the said house. 

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

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