Hello. I am from Delhi and got married in September 2007. From the very first day, I and my wife shifted to our family-owned second house. My in-laws and my wife started harassing my parents and me due to which there were many fights. Finally, I had no choice but to flee from the house in Oct. 2012.
The second house is in my mother's name, but my wife has captured the house and is not ready to hand over the keys. She has locked the house and has been working in Chandigarh for the last two years. The house is locked and no one is living there. She is neither ready to give divorce nor leave the property.
The cases filed earlier by her in 2012 got dismissed due to lack of evidence. But this house is still the bone of contention.
My query is following:
- Does my mother need to send her a legal notice to regain access to the house?
- Since the house is closed since last more than two years, can we break open the locks and enter the premises?
- Is there a provision under law that if the couple has been living separately for more than 9 years, the divorce can be applied for (if one person is not ready for mutual divorce)
Your kind inputs in this regard are most welcome.