Me and wife was living in a lease House, I left my wife and stay in my native home. i never allowed my wife inside my native home. she is very stuborn that she will not get out of the lease house. how to remove her help me please.
Me and wife was living in a lease House, I left my wife and stay in my native home. i never allowed my wife inside my native home. she is very stuborn that she will not get out of the lease house. how to remove her help me please.
Sudhir Kumar, Advocate (Advocate) 24 January 2014
Why you want to commit domestic voilence. She has a right to reside in the house where she resided last with you or wherever on earth (other than Hospital/hostel or Jail) you are.
She has a right to force entry in your native house.
Q Slinger (NA) 24 January 2014
Explain lease house? If she is your wife, by law, she is entitled to live in any residence you own or/and live in. No easy solution there unless you file for divorce.
Laxmi Kant Joshi (Advocate ) 24 January 2014
Sudhir Kumar, Advocate (Advocate) 25 January 2014
@ experts
kindly refer https://www.lawyersclubindia.com/forum/Help-to-remove-my-wife-from-my-house-96445.asp#.UuM8jfvhUsY
He has not disclosed vital fact of 498a on this thread.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 January 2014
You have got enough good advice.
Sudhir Kumar, Advocate (Advocate) 25 January 2014
you said
"Lease is on my name"
but law on domestic violence is clear that lease or ownership of house is not relevant.
Sudhir Kumar, Advocate (Advocate) 25 January 2014
you said
"i dont want to live with her"
It is not your discretion. As per law on papers she is victim of dowry demand and not guilty and cannot be punished and cannot be compelled to to leave unless she wants to leave
Sudhir Kumar, Advocate (Advocate) 25 January 2014
you said
"can she can get residence order from court in my native place?"
No she doe snot need any order from court to do so. She has a right to live with you. she cannot be made of suffer for making a criminal complaint.
Sudhir Kumar, Advocate (Advocate) 25 January 2014
you said
"My parents dont want her back reason she had filed 498 a case."
your parents may not have seen Domestic Violence Act. It is not a matter of their choice and discretion.
No citizen can be compelled to face discomfort simply because he/she has taken shelter of law.