Need one legal advice. Please let me know if any one know such cases earlier or have clear idea.
I had got a house on rent for my wife couple of years ago, soon after marriage in city different from mine as she was staying there. Her parents also stay in the same city. We got all regular household stuff in that house. Now our relationship ran into trouble and I wanted my wife to vacate that house as rent was too high for me. She didn't respond to my mails or sms's or calls. I asked for keys multiple times but she didn't respond to any of my mean of contact. As deadline with landlord was nearing, I decided to get lock opened with a key maker. She complained to police about this, along with many other false cases. Can I be found guilty of breaking into the house illegally? I am talking strictly in terms of guilty of breaking into house, illegally. Not of any other charges like removing wife from her property etc.. Following are facts:
1. Lease of house is in my name but it was signed by my wife on my behalf as I was not in India to sign the lease.
2. I paid rent for this house every single time from my own bank account for last two years and I have
3. I have undeniable proof that my wife was not staying in that house for last 1 year or so. Last time when somebody used that house was when I was in that city 10 months ago.
4. I have 5-6 mails asking my wife about what her plans with the house or if she wants to continue with house and offered I'll get lease extended if she wants to.
5. I have 2-3 mails and 5-6 sms's requesting her for keys.
6. I have proofs of informing her of my arrival at the flat with exact date and time and requesting her keys immediately before getting lock opened.
7. Immediately after getting lock opened I went to meet her but she declined to meet.
Later on she went to police station and complained to police officer that I broke into her house.
Can I be found guilty, legally of breaking into her house?
Please advice soon.
