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Rajshekhar Mangalgi   28 December 2019

after how to evict wife from my father's self acquired property

Respected Sir/Madam,
My wife occupied my father's self acquired property. My father filed a Mandatory injunction suite to evict her from his house which is pending before civil court. Let me know whether the above suite is maintainable or not?. I got exparte divorce in 2016 which was appealed by my wife in high court & the same is reminded back and now it is disposed off on 21st dec 2019 & I got divorce from my wife.

1)can any one please help my father by Evicting her from his house? . Now father is staying at a rented house.
2) Is there any legal way to evict her from my father's self acquired property?
3) After divorce is she having any rights to reside in my Father's house?
We belong to Hindu religion.


Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     29 December 2019

Now she is no more your legally wedded wife, hence she cannot claim residential rights or matrimonial home rights as well.

It is your father's own house in which she has no rights either to stay  or to claim any share in it. Since your father has initiated an eviction suit, he has to follow the suit regularly by due process of law. If he is a senior citizen then he could have followe the route for senior citizen's welfare act also. Once the court has dissolved your marriage by  decree of divorce, she has no rights to claim residence from you also.

 


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