Husband not allowing wife to stay in a flat
rahul
(Querist) 14 March 2015
This query is : Resolved
Hi,
My cousin is married for 7 years and has 5 year old son. She and her husband both are employed. She bought a flat 5 years ago and her husband was co applicant in it. She has paid all the EMI's since then. Her husband did not pay a single rupee till date.
Her husband is very suspicious in nature and always tortured her mentally. About a year ago he even beat her and threatened her life. she had to leave her flat fearing her life. Her father in law and mother in law were also present in house when this incident happened but they did not stop their son and supported him in the act. She is now living with her parents for more than 14 months along with her 5 year old son.
She had filed a case in court against her husband and in laws and then her husband agreed not to torture her mentally or physically and also made a release deed of flat as he was co-applicant in flat. The case was withdrawn from court.
Later my cousin went to her home along with few relatives but her husband refused her entry in home. Her husband and her father in law abused her and relatives and did not allow her to stay.
My cousin is still paying the EMI's for flat. She is the only owner of flat now.
Her husband is not allowing her entry to her flat and is staying their with his parents.
Now she wants possession of her flat. Please advice what she should do further? Can she take help of police to get possession of the flat? What steps she should take to get possession of her flat?
Thanks,
Rahul
Advocate Kappil Cchandna
(Expert) 14 March 2015
Sir,
Thought he might me staying there illegally but you sister will have to file a suit for eviction and at the same time she can file a case of Criminal trespass and criminal intimidation against the husband .....
Regards
Kapil Chandna Adv 9899011450
rahul
(Querist) 14 March 2015
Thank you so much for your quick reply.
I have few more queries:
1. Can she give written application to local police station and ask their help/protection to get the possession of flat? Do police have authority to ask her husband to vacant the flat along with his parents since the flat is solely owned by my sister?
2. She was also advised to go their directly with her parents without help from police as she is the sole owner of flat and start living with her parents. But she fears that her husband will create a scene their and may get physical with her and her parents and will not allow them entry.
Please advice if above steps would be correct?
Thanks,
Rahul
Devajyoti Barman
(Expert) 14 March 2015
1. Ce fo treassping does not lie against her husband but case for criminal intimidation lie.
2. The most expeditious and efficacious way to get hold of the flat is to file case under PWDV Act wherein the Magistrate may pass order of her entry and ouster of her husband. The suit for eviction will not take not more than 10-12 years to complete.
Dr J C Vashista
(Expert) 14 March 2015
How you are concerned? Prima facie it is a hypothetical query.
Police do not any power except to book both the parties u/s 107/150 or 151 Cr.PC for breach of peace and tranquility.
Let your cousin engage, consult and seek professional services of a local lawyer and file a suit for permanent and mandatory injunction.
rahul
(Querist) 14 March 2015
Thanks for your valuable inputs sir.
She had already filed case under PWDV act. But her husband agreed to do release deed of the flat and then compromise was filed in court. He behaved very nicely till the case was in court. But once the case was withdrawn from court he refused to give possession of flat and not allowing her entry in flat.
Her husband is only interested in her property and he will harm her physically if she goes there to live with him.
My query is:
1. can she go once again to court under PWDA act and ask for her entry and ouster of her husband?
2. Can she book him under 498/a? Because whenever she tried to go their with the help of relatives her husband and in laws abused her and relatives and not allowing her to stay in her own house.
Regards,
Rahul
SAINATH DEVALLA
(Expert) 14 March 2015
Whether she is the owner or co owner of the flat or not, her husband can't prevent her entry into the house.She can release the sword 498A anytime around his neck, and teach him and his parents a lesson.
MUKUND KUMAR
(Expert) 14 March 2015
Sainath Devalla has answers eaxactly, just hire a local advocate and follow the same
rahul
(Querist) 14 March 2015
basically my query is if it is allowed to file a case second time under PWDV act?
How long it may take for court to pass order ? Because I have heard that such cases run for years in court.
Rajendra K Goyal
(Expert) 14 March 2015
She should prey for the protection orders. She has right to stay in the flat.
R.K Nanda
(Expert) 14 March 2015
she must get protection court order.
For more legal advice on mobile go for pre-paid, Click to Talk, Option.
rahul
(Querist) 14 March 2015
She fears for her life and can no longer stay with him.
She wants to take divorce from him.
But divorce cases run for many years so please advice what is suitable way to get possession of flat:
1. To File case under PWDV Act and ask for her entry and ouster of her husband and her in laws? OR
2. To file for divorce and ask thorough interim application asking for residence of her in her flat and ouster of her husband and in laws from flat?
Which process will take shorter time ?
SAINATH DEVALLA
(Expert) 14 March 2015
Mr.Rahul,
Why don't U post UR entire in a single thread,instead of adding replies,whenever an expert repli.es
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Though she had withdrawn the dV case earlier on the basis of a compromise arrived then, since there is a fresh violence, she can once again approach the court under the same provisions of law and get her husband ousted from the property that now belongs to her fully. You may take the advise of your advocate and proceed.
