Wife has occupied my house and had filed false 498a case

@ Author,

1. A legally wedded wife has rights to stay at husband’s home i.e. her shared house till her legal divorce happens which is what Apex Court has said, so she can stay at your house.

2. You can approach jurisdiction police station and lodge a general diary report and seek stamped / signed true copy of missing documents amongst others and seek relief and they may or may not act upon such GD entries which is their provision.

3. You may stay at your own home which is not an issue as it is your rights too and all that you should do before returning back is to file an Urgency case approaching jurisdiction  Executive Magistrate Court under S. 107 CrPC mentioning facts and prayer relief here is 'not to commit a breach of the peace or disturb the public tranquillity' . With such decree in hand you can easily return back to stay put at your own home unless you choose to complain further about it here in the forum.

4. If it helps ATB.

ATB = All The Best.

[Last reply]

@TAJOBS.....but is this all the relief he can seek from a potentially dangerous wife,? though she has right to stay in the same house as the husband, but since the divorce case is going on, wont it affect the case as both are staying under the same roof, ? also,will a general diary entry be enough to protect the husband? tommorrow if the wife claims that the husband attacked her when he was inside, wont it be dangerous for the husband to be entangled in a fake case, cant the husband file an appeal in the court for a provision of separate residence for the husband for which he will pay the rent?

The local police is asking me to stay separately even though the flat is registered under my name. I'm looking out for a house for rent now.

The EMI is being deducted. Do I need to stop paying EMI? Please advice. What happens if she is creating nuisance even after getting the order from court?

stopping the emi would backfire on you as it would be seen as you want to drive out your wife from your own house. and also, there is no such order from court that you are barred from entering your own house. the police can advise anything which has no value...but yes..if you take a different view..you can easily attract DV case if you stay together..so better hire a local lawyer and appraise him of the situation. give a detailed explanation, file a case in court for separation as divorce is going on. pray to court that you will make arrangement for the wife of same type on rent.................

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The querist is coming out with different form of stories on the same subject in different thread. He seems not following the queries in the same thread making it difficult to maintain continuity in reply. 

In your case and under such circumstances, it is advisable  that you should stay searately on rental basis and do not stop EMI.   However, the maintenance of the house, if there is society, the wife has to pay for it as she is in the possessiion and enjoyment of the house exclusively.   You can also stay over there, but then she will keep on lodging false complaints against you and then ultimately it will result into 498A case, domestic violence case, ven if you get bail, then cancellation of bail.   I do not understand after a gap of 4 years why you reconciled, it was a preplan [not immaturity] by your wife and her family members to trap you and grab your house property.   Now better fight duvorce case

further queries email  

anamika_vichare@ reduffmail.com

Anamika Vichare

Family Court Lawyer

Advisor Purush Hakka Saurakshan Samittee

I have seen my friend in same situation.

He is divorced now , and this is what he did....

All of sudden , he got a letter from office that he has to move to mumbai on immediate basis.

He moved to Mumbai , and from there he informed her wife that he is there for 15-20 basis , then he got himself transferred to mumbai.

Rented house was captured by wife and FIL,MIL, BIL. he kept on paying rent and elec + water bill via a house owner.Then  after some time he hit upon a plan. He stopped paying society bill + elec and water bill.

He started sending some money to FIL house by money order on wife name. Wife moved to her father place and collected money by money order.

Now he went to his own house and moved the entire house to Mumbai and handed over house keys to Owner, since he was transferred to mumbai.

Then he informed wife that he is flying to USA and will not come back , via a friend.

Wife immediately shown her true color and filled false DV and 498a. 

Finally cases get settled and her got MCD.

:)

May be this kind of information help you .

Thanks AS for the information.

Yes, I have moved to a rented place now. I came to know that she is paying the maintenance for the flat now. Is there anyway for me to get her out of this flat? Now that she had got rowdies into the picture, I'm planning not to get back to the house even after the divorce. The EMI is really hefty and I may not be able to withstand paying EMI and house rent for a long time. Please advice.

Thanks in advance.

 if you stop paying emi then ...:) showing your incapable to pay emi due to financial crunch.

Obviously , bank will takeover the house :) , yes you will loose some amount for sure.

When I contacted the bank, bank has informed that they will file a case against me which will attract more issues on me. She is so stubborn in not leaving my flat. She is staying with her mom. I'm still outside the flat in a rented house.

I have been hearing about injunction petition. Could someone make me aware of this? The house is registered in my and my mother's name.  Can I file any injunction case? Please advice.