• Precautions to be taken after filing for divorce based on cruelty

Sir, following are the facts:
1. I have recently filed the petition of judicial separation on grounds 
2. She has refused to accept the notice courier from the postman
3. Our house is rented and my mother pays the rent

Following are the queries:
1. She might try to inflict injuries upon her and call police to implicate me. What should be my precaution?
2. I want to evict her from our house. She has intimidated both me and my mother of false cases.what are my options.
3. What options are available if she deliberately refuses to accept the court notice?

Thanks and regards,
Asked 2 years ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
1) install CCTV cameras in the house 

2) in case wife inflicts injuries on herself video recordings will  prove said fact 

3) as long as she is your legally wedded wife she is entitled to stay in her matrimonial home 

4) if wife refuses to accept notice it is proper service of summons
Ajay Sethi
Advocate, Mumbai
45461 Answers
2671 Consultations

5.0 on 5.0

It seems you missed getting permission for 'chaspa' notice which can be pasted on door of your house (  for respondent/wife). In case the lease is on your mother's name without delay on behalf of your mother file a case of domestic violence and followed by eviction on your wife. As the lease is on your mother's name and SHE is cruel to your mother She cannot illegally/forcefully stay in house of your mother. Court will ask her to evict.

Write a detailed complaint to your area police station mentioning about the intentions of your wife and do mention that you have already proceeded with judicial separation case and in retaliation your wife can hurt herself etc etc. This application would safe guard you at later stages. Also, be prepared of false cases which your wife might put on you.
 It is suggested you speak with your Lawyer in detail about your apprehensions and get control of things before they are out of your hands.
Atulay Nehra
Advocate, Noida
1013 Answers
34 Consultations

4.7 on 5.0

1. Send an advance intimation to police through a registered post to express your apprehension which may help you to obtain bail if she actually does what you fear.

2. During the subsistence of marriage she cannot be evicted from her matrimonial home except if you can prove that her presence is not conducive for your physical and mental well being.

3. If she does not accept the notice the court will eventually proceed ex parte against her.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Immediately file a complaint with regard to the inflicted injurers by your wife herself near police station and accept the receipt of the complaint. 

You could not evict your legally wedded wife from her matrimonial house .You should provide alternate accommodation if she files a petition under DV act for the same. 

 If she does not accept the notice then you can use alter native steps for serving notice by paper publication etc...and finally the court will  proceed her as ex parte .
Ajay N S
Advocate, Ernakulam
2766 Answers
47 Consultations

5.0 on 5.0

Hi, You can't force her to receive notice if she refused to receive notice then post man will make shara of refusal to receive notice and it will cause adverse to her.

2.  You can't evict her from your house law will not allow the same. If she voluntarily move out of the house then only otherwise you can't do anything.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

you should file a petition before the high court for protection order and expedite hearing of your divorce case. don't worry you can take defense in false case files by her that it is retaliation of the wife filing of divorce case, it is difficult to implicate you in false 498 A case after judgment of Anresh Kumar, 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1.  You cannot defend yourself from the false complaint initially, but can challenge her false claims in the trial proceedings.

2.  She cannot be evicted from the house till she remains your wife, hence divorce is the next option.

3.  The court may decide the case exparte.

T Kalaiselvan
Advocate, Vellore
35621 Answers
386 Consultations

5.0 on 5.0

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