Stay order in dvc
Amit
(Querist) 22 February 2014
This query is : Resolved
I've asked the question as part of another thread but there was no response to asking in a new thread.
Brief history:
My wife filed DVC and as part of that asked for residence in my house.
The house is though owned by me was never inhabited by me or my wife. We argued so and claimed it's not a shared household as envisioned in the act and instead are willing to pay her rent.
Lower court has ordered in our favor asking me to pay rent and saying that my wife is not entitled to live in the house though under my ownership.
My wife appealed against it in Sessions court and that court has given order in her favor, saying she can reside in that house.
That house from the beginning has been given on rent to tenants. My wife forced them to vacate and then locked the entire house and left.
We filed a revision in HC and HC has stayed the order in her petition in the lower court.
My wife has been handed over the stay order and she's been asked to leave. But she refused.
Next HC date is unknown and my advocate suggested that we file a petition in DVC court to direct the protection officer to get her vacated. But the next DVC date is 2 months away and moreover deciding on this may take 6-7 months.
So what should be my next step? Is there no option but to wait for 6-7 months to get her vacated?
Meanwhile, can she do anything in the court to continue her stay even after the HC stay?
Also, the DVC dates are spaced very wide like 2months. What can I do to expedite the case?
Thanks
Devajyoti Barman
(Expert) 22 February 2014
Since the HC has stayed the order of lower court. You better make forceful entry of the house and take possession of the house.
Rajendra K Goyal
(Expert) 22 February 2014
May take possession on the basis of HC orders. Agree with the expert.
Amit
(Querist) 22 February 2014
Thanks. As soon as notice has been given to her, she started staying in the house sensing that we might break the lock and occupy it.
Now that she's in the house, how can I forcefully occupy it?
Amit
(Querist) 23 February 2014
Can I ask the protection officer to direct my wife to vacate the house?
Devajyoti Barman
(Expert) 23 February 2014
Do not give any notice. Just get its possession.
Going for formalities would only create complications.
