My house father house have been occupied by my wife illegall
Sanjeet
(Querist) 11 September 2018
This query is : Resolved
Dear sir
My wife have filed false 498a,we all got bail.she also filed maintenance case asking money and illegally capture the house.she and her family have removed my parents and other family members. She is not allowing us to enter i that house.now wr are forced to live outside in my relative house.This house belongs to my father's self occoupied house.i have also filed divorce case to my wife.We gave complaint to nearest Police station but they did not take any action and guided us to go file case in court.then we went superintendent of police patna.and also district magistrate public grievance but we did not get relief.
Now we filed criminal writ in high court as per my lawyer to remove my wife from my father house.
Pls advice in this criminal writ how much time will it take for order.
Will Can court gives order to remove my wife who illegally capture it.
This take time i how may days.
Pls advice as my parents are senior citizen.
Sanjeet
(Querist) 11 September 2018
Pls advice
Guest
(Expert) 11 September 2018
IS NOT IT STRANGE that you have filed a case through a lawyer, but have not asked this question from him, who knows the case detail, but asked the experts of this forum, who do not know ABC of the background of your case?
Dr J C Vashista
(Expert) 12 September 2018
What is the opinion and advise of your lawyer who managed to bail out you and others in the case u/s 498A IPC?
Do you have faith in the ability, competence and intelligence of your lawyer to advise and proceed as required or you feel otherwise? Do you intend or decided to change him/her?
Why do you prefer second opinion in your case which is based on limited information posted (if the statement made is true), obligation and advise of experts on this platform, although it is available FREE OF COST?
Unbelievable statement.
Vijay Raj Mahajan
(Expert) 12 September 2018
Court cases in courts may take any number of days or months or years to finalize no one can predict exact no much time the matter in Patna High Court will take.
Ask your lawyer to move IA in the High Court writ case with regard to immediately allowing your parents to enter their house as it's their personal property. The High Court may impose conditions with regard to continuous stay of your wife in the same house till her DV complaint case is finalized.
Guest
(Expert) 12 September 2018
As per your description of the case, it is not a cruelty case against your wife, but rather it is a case of cruelty of your wife against you and your parents. Her parents need be taken to task for forcibly occupying your father's house in connivance, rather with criminal conspiracy in association with your wife.
However, if unable to rely on your own lawyer, you may show your case related documents to some family laws expert to get your case analysed properly and to advice you how to proceed in order to take control the property of your father from your estranged wife and her parents.
If your in-laws are also residing there in that house along with their daughter, you have enough ground to sue them separately for taking illegal possession of the house by forcibly evicting your parents out of their house to take illegal possession of the property due to conspiracy and greed.
Irrespective of their 498A case, in no way they get the right to take forcible possession of your father's house.
