How to get dis possess my ex wife from my own house
Tinku Bhai
(Querist) 13 November 2013
This query is : Resolved
dear all sirs
i am a muslim. due to some reason i had to 2nd marriage.this 2nd wife married me without taking divorce from her previous husband.about her previous marriage i did not know . when i came to know about her previous marriage i gave her talak out of court . she is staying in my own home forcibly.i am staying in my parents home 25 km away from that home with my first wife.she does not interesting to vacate my own house .when i ask her to vacate my own house she threats to kill me and says that she will stay in this house with her previous husband and children.
i am in heavy need to take my home back from her illegal possession because she has given me threat to kill on the way.my query is that
should i file petition to declare this marriage as void under muslim personnel law first?
or joint petition along with eviction and possession?
what is the fast processor in this regard.please oblige with valuable advice.
Raj Kumar Makkad
(Expert) 14 November 2013
You need to file a criminal case of fraud against her as well as file a suit for possession before the local civil court. consult a local lawyer first.
ajay sethi
(Expert) 14 November 2013
do you have evidence that her previous marriage was subsisting at time of her marriage with you .
if so her marriage to you during subsitence of her earlier marriage would be illegal .
since you have already divorced her and she sis staying in your house with her husband from first marriage you can take legal proceedings for her eviction . contact a local lawyer
R.K Nanda
(Expert) 14 November 2013
nothing more to add.
Tinku Bhai
(Querist) 14 November 2013
r/sir
i filled a case against her u/s 386,387,389,120b ipc against her and her parents through 156(3) but police filled final report.on 17/12/13 i will file protest petition against that final report.but there is problem before me that all 2 witness of my case has been hosteled in her favor and not ready to give their affidavits in the support of protest petition.here is one more thing to add that she is running a case of false 498a against her previous husband as a friendly contest which is continue by now . she one more case of false 498a got registered against me and my family. police filled final report in this case. now she is planning to file protest petition against final report.and definitely she will do so .
Tinku Bhai
(Querist) 14 November 2013
as ajay sethi sir replied yes i have one proof in this regard if all you learned members found it sufficient .....
when she filled 498a case against her previous husband she mentioned in her complaint only one daughter from this wedlock but after 3 years she became mother of 3 children from that wedlock
Nadeem Qureshi
(Expert) 15 November 2013
Contact a lawyer personally with all documents or proof for best advise
