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praveen (mediaspecialist)     13 December 2012

Divorce and property related

Hi sir,
I am married for 13 years (Christian Marriage) and I am a victim of Domestic Violence, mental & physical harresment and desertion..
 
I have applied for divorce in the family court in Chennai. I have also seeked protection order under the Domestic Violence Act .
 
We were living in a house which is belonging to a social work organization run by my mother as office cum residence basis since i was also working as project director. I left him after worst physical abuse six months back and i am with my parents presently . My husband is still residing in our mother's property where I have all my belonging and valuables including my certificates and other documents relating to office. Though the property belongs to the organization, my husband is still not vacating even after I applied for divorce an repeated request and legal notices. When I seeked for police help they said that they don’t have the right to send him out of the house even after producing all the necessary documents that proves our ownership. please advice on the following. How do I evict him from my house. (he had the right to live there only because of my occupation with the organization.). 2. Does the police have the right to evict him out?, he is plannning to sell or convert that house into his name .. is it possible ? 3. (i have already seeked protection from court which is yet to hit the hearingstage), is it advicable for my mother to file one more case in the court on her behalf asking him to evict ?


Learning

 6 Replies

stanley (Freedom)     13 December 2012

As per your query the house belongs to a social organisation and you have also  made a contradictory statement that the house belongs to your mother  . The social organisation would have their name spoilt if they evict your husband from the premisies if they want the organisation can do so which is my view , Their are not doing so as their image would get tarnished .

1. If you dont mind could you narrate the worst mental and physcial abuse that took place . 

2. In the absence of a FIR and a Medical report or other evidences which has not been put forth it in the DV case it would rather be difficult to prove your claims of abuse . Hence be prepared for a long legal battle which may take 4-5 yrs which would consume your time as well as would drain you out financially .

3. Once the matter has gone to court the police are powerless in the absence of any order by the court . They are just mute spectators to the  litigation .

4. As you are a working women and have worked as a project director you would not even get a right to residence as he does not even reside or own a residence nor can you claim maintanence maintanence .

5.If revenge is what you wish to seek than the person who owns the property can evict him from the place .

praveen (mediaspecialist)     13 December 2012

hi sir, thanks so much for the reply,  i  think there is a little confusion in my query, would make myself clear, the land where the social work organisation belongs to my mother and the organisation is run by mother,  How could evicting a person who was a constant abuser could tarnish their image, more over he has occupied the whole place and we are not able to  get in and  run organsiation for over six months, i am not paid their  as it belong to my mother i was getting the right to live there only due to this and he is also working and earning enough. It is not revenge its only taking necesaary steps to get my our peoperty back and we could resume our work at the earliest

stanley (Freedom)     13 December 2012

Its your mothers call as the property belongs to her  and if needed she can evict your husband from the property through a court order .Consult a local advocate and he would do the needfull .

praveen (mediaspecialist)     13 December 2012

i have already seeked protection from court which is yet to hit the hearingstage), is it advicable for my mother to file one more case in the court on her behalf asking him to evict ?

 

thanks so much for the reply.

charuhasini (advocate)     13 December 2012

respected mam you said that one of your petitions was in hearing stage .better you take assistannce of your advocate to file a petition by your mother to evict from him to your mother's residence . in my knowledge your mother has a right to do so.

praveen (mediaspecialist)     13 December 2012

thank you sir.


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