Property matter with ex- wife
Ajay Kumar Reddy
(Querist) 06 January 2012
This query is : Resolved
Please provide the help on property matter, My ex- wife is entered in my house before divorce after breaking the lock. At that time I have given the complaint to the Police. But that time Police has told that she is your’s legal wife so they cannot take any action against her. I have given the divorce legally from Family court on cruelty basis on 15th April & then she has appealed to HC, Bilaspur of Chhattishgarh State. I won that divorce case in HC also. I want to know following things:-
1. There is any ruling that she can claim my house after divorce? She is working so she is not getting any maintenance from court.
2. I am having two children, they are residing along with my ex- wife, weather she can claim my house for them? That house is purchased by my money and at present I am paying EMI for that house.
3. Weather there is any citation in which clearly mentioned that after divorce ex-wife can not stay in ex-husband property.
Ajay Reddy
M/s. Y-not legal services
(Expert) 06 January 2012
since the property is purchased in your income you are the absolute owner of the property., no one can claim the property in your life time.,
but you are bound to maintain your children., your wife is working, its may sufficient to maintain her self. but to children? you are liable to give maintenance.
-tom-
ajay sethi
(Expert) 06 January 2012
did she make any claim for residence at time of divorce? if consent terms were passed did it contain any provision for accomodation for your wife ?
although you are paying EMi and flat is in your name after marriage your wife is entitled to right of residence .
Under the provisions of the Protection of the Women from the Domestic Violence Act,2005 she can seek right to residency against the husband if she has no place to live after getting separated or divorced from him till she can get the same by herself or by virtue of her remarriage after the dissolution of the present marriage by decree of divorce.
Raj Kumar Makkad
(Expert) 06 January 2012
ajay sethi! I differ with your views. Can you please tel me the relevant provisions wherein the divorcee wife is entitled for the right to residence?
As per my view, this right is confined till the relationship of husband and wife subsists. If divorce has become final, ex.wife has got not right in any property of her ex. husband. her possession over the house of her ex. husband is illegal possession and she is encroacher. The house can be got evicted by filing a civil suit before proper court of law.
Deepak Nair
(Expert) 07 January 2012
I agree completely with the views of Mr.Rajkumar Makkad.
Advocate Bhartesh goyal
(Expert) 07 January 2012
Yes Mr makkad is absolutely right.Ex-wife has no any legal right to claim residence from her ex-husband.
ajay sethi
(Expert) 07 January 2012
ex wife can obtain restraining order against ex husband that she has no other place to stay in . she has 2 small childreen . she cannot be thrown into streets .
imy opinion she file appeal against orders of divorce that her rights over matrimonal home be protected .
Shyam Ji Srivastava
(Expert) 08 January 2012
In a recent judgment of Apex court huisband can not evict wife(divorcee) forceably.
Devajyoti Barman
(Expert) 08 January 2012
Ex-wife can claim maintenance from her divorced husband if she is not re married in the meantime.
The maintenance could take care of her residential costs as well.
