Theft case on Husband
I had a flat (registered in the name of me and my mother, bought after my marriage)
I had to sell it as it was mortgazed to bank for an industrial loan (my wife was sole signatory for this industry). (My wife's sign was not taken during selling as she refused)
After registration also we stayed for 18 months in the same flat, as my wife insisted and she said she will pay rent for the same.
As she did not pay a single rupee, several times, I proposed to vacate but she kept resisting for vacating.
As the pressure was immense from the buyer for vacating the flat, in my wife's absence, i had vacated the flat in April 2014. My wife did not come to me since then.
Owner left the flat unoccupied for a period of 3 months, due to his personal reasons.
My wife broke open and occupied the flat in July, 25th. The owner/buyer immediately came and tried to lodge a tresspassing complaint in police station.
During a discussion in police station, my wife asked 10 days to settle the issue by paying the rent or buying back the flat. Even after 20 days also no solution came out and buyer started putting pressure on me, as she was my wife.
After informing the welfare association of the apartment, I opened the door in her absence and shifted the little furniture to my present residence and handed over the flat to the owner through the apartment welfare association, through a written communication.
My wife went to police station and demanding for the possession of the flat, saying she will pay rent or she will buy.
Owner denied for renting her but agreed to sell, but he will handover the flat only after full payment and registration are done. He also assured to give 3-4 months time for this. In this time he will not sell it to anybody.
Now, because she was insisting for immediate possession of the flat, she is threatening me and the owner to put a theft case (379) against me and the owner.
She has approached the DCP, who is putting pressure on the police station to handover the flat to her by any means.
Kindly guide me in the above issue.
Thanks in advance.