Ex,wife &minor child unauthorized occupied my purchased hous
Ajay Kumar Reddy
(Querist) 29 December 2017
This query is : Resolved
Respected Experts,
My story :-
I applied divorce (13A) on cruelty basis. It is decided by family court on April 2010 in my favour. She has appealed on Chhattishgarh HC, which is also gone in my favour on August 2010. But she is forcibly unauthorized occupied my purchased house, I am paying electricity, water, lease amount, Property tax bill. I am having two children. One is boy (23yr.) and another is daughter (17.4yr). Both children are studying outside of the city which is nearly 800 KM far away from my house which is captured by my ex. Wife. I have filed civil suit for eviction of my ex. Wife and both children also. It is at this time at evidence stage. I have made party both children because due to children my ex. Wife will not evict that house. Both children has told to the family court that they will stay with mother. I have done marriage now I am having two children which are 5 yrs old.
My question :-
1. Weather Minor child (daughter) has right to stay of my house? Or she also evicts my purchased house. There is any judgement?
2. My divorcee wife can evict my house? There is any judgement?
3. My son has any right my house? There is any judgement?
4. Every one say divorcee wife can’t stay in yours purchase house? But under which law please let me know?
5. My ex, Wife has filed DV case also on 2015 after divorce of 5 yrs. I have gone for quash in HC but it is not quashed by chhattishgarh HC. So weather by DV law they can occupied my house?
Please give me answer experts because I am in very anxious condition.
Thanking You,
Ajay Kumar Reddy
Sudhir Kumar, Advocate
(Expert) 29 December 2017
1. Weather Minor child (daughter) has right to stay of my house? Or she also evicts my purchased house. There is any judgement?
why not
2. My divorcee wife can evict my house? There is any judgement?
There is no positive application in law that divorced wife has a duty to shift elsewhere
3. My son has any right my house? There is any judgement?
Have you ever paid any maintenance to children
4. Every one say divorcee wife can’t stay in yours purchase house? But under which law please let me know?
She may not but who say that she cannot stay ask them about the provision.
5. My ex, Wife has filed DV case also on 2015 after divorce of 5 yrs. I have gone for quash in HC but it is not quashed by chhattishgarh HC. So weather by DV law they can occupied my house?
If she is staying in that house that does not mean that she can be subjected to DV.
Vijay Raj Mahajan
(Expert) 29 December 2017
Long query but very short to the point answer, the ex-wife and minor children born out of marriage have legal right of residence against the ex-husband/father under the Protection of Woman Against the Domestic Violence Act,2005. She will get order under this Act for remaining in house till she is either got remarried or has got her own house to live. You propose to provide her rented house at your cost to get her out with the children that will help you evict her out of your house.
The ex-wife had been in domestic relationship can be considered as aggrieved person so the relief under the Act is applicable to her.
Sankaranarayanan
(Expert) 29 December 2017
Dear querist first gives clarity to the question raised by Mr.Sudhir , moreover, the other option was given by Mr. Mahajan in his reply by way of providing a rented house to them.
Guest
(Expert) 29 December 2017
So, do you want to deny maintenance charges to your wife and children and shelter for living? If so, on what specific grounds?
Frankly speaking, yours seems to be a hypothetical story of divorce and dv. A very crucial question arises, when you have won two cases (original petition as well as appeal) against your wife through your lawyers at two places, why could you felt the need to ask such questions here instead of asking your questions from those of your own lawyers?
Dr J C Vashista
(Expert) 29 December 2017
You have already engaged an able, competent and intelligent lawyer, have faith and seek his/her opinion and guidance.
However, seeking a second opinion from experts on this platform the basis of limited/selective information may spoil your case.
