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(Guest)

Help to remove my wife from my house

Me and wife was living in a lease House, I left my wife and stay in my native home. i never allowed my wife inside my native home. she is very stuborn that she will not get out of the lease house. how to remove her help me please.



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 100 Replies

Sudhir Kumar, Advocate (Advocate)     24 January 2014

Why you want to commit domestic voilence.  She has a right to reside in the house where she resided last with you or wherever on earth (other than Hospital/hostel or Jail) you are.

 

She has a right to force entry in your native house.

Q Slinger (NA)     24 January 2014

Explain lease house? If she is your wife, by law, she is entitled to live in any residence you own or/and live in. No easy solution there unless you file for divorce.

Laxmi Kant Joshi (Advocate )     24 January 2014

She is your legally wedded wife she has all rights to resides with you , no one can stop her to live in your native home , as Mr.sudhir told don't do domestic violence and cruelty upon her .

Sudhir Kumar, Advocate (Advocate)     25 January 2014

@ experts

 

kindly refer https://www.lawyersclubindia.com/forum/Help-to-remove-my-wife-from-my-house-96445.asp#.UuM8jfvhUsY

 

He has not disclosed vital fact of 498a on this thread.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 January 2014

You have got enough good advice.


(Guest)

Lease is on my name, i dont want to live with her. how to remove from the house, Please help.

 

can she can get residence order from court in my native place? 

Sudhir Kumar, Advocate (Advocate)     25 January 2014

you said

 

"Lease is on my name"

 

but law on domestic violence is clear that lease or ownership of house is not relevant.

 

 

 

Sudhir Kumar, Advocate (Advocate)     25 January 2014

you said

 

"i dont want to live with her"

 

It is not your discretion.  As per law on papers she is victim of dowry demand and not guilty and cannot be punished and cannot be compelled to  to leave unless she wants to leave


(Guest)

Even if wife files 498a case....she has to leave with husband if she want to....then husband is deliberate of accused many more cases. how can he possiblly stay with wife when she filed 498a case????????


(Guest)

Is there any law to make her move ? plz suggest, my lawyer say No


(Guest)

If i file for divorce is it possible to move her out please suggest ?  But she never files false 498a case, i had made all the wrong.My parents dont want her back reason she had filed 498 a case.

Sudhir Kumar, Advocate (Advocate)     25 January 2014

you said

 

"can she can get residence order from court in my native place?"

 

No she doe snot need any order from court to do so. She has a right to live with you.  she cannot be made of suffer for making a criminal complaint.

1 Like

Sudhir Kumar, Advocate (Advocate)     25 January 2014

you said

 

"My parents dont want her back reason she had filed 498 a case."

 

your parents may not have seen Domestic Violence Act.   It is not a matter of their choice and discretion.

 

No citizen can be compelled to face discomfort simply because he/she has taken shelter of law.


(Guest)

I can understand sir, But what i can do if my wife forcely try to enter my native home through local person help and Police help?

I am staying in my native home now, she try to call me daily. 


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