How to throw her out ?

1.    Not sufficient grounds to indulge in such legal experiments.

2.    Create grounds (situation) so that Law takes its due course.

Remedy:-
A. She should have filed some proceedings in a Court where you can produce available ‘media’ necessitating rent in lieu of right to live under same roof for safeguarding ‘social / family harmony’.

OR

B. If you have guts then file ‘divorce’ suit against her living under same roof under ‘cruelties’ and win it so that she upon hearing Decree in a Divorce proceedings leaves the matrimonial home forever.    

OR

C. Ask her how much it will cost you to divorce her and if her financial demands meets your capacity then proceed under MCD and part ways.

OR

D. If both of you are not facing any legal activity from each other in any Court then transfer deed self acquired property in name of your mother and in due course of time ask mother to approach Court with ‘media proofs’ that you have as per your brief to ‘evict’ both her son (that is you) and her DIL under remedy of a Protection Order available under DV Act to her.

PS.: If you are asking this question again with new twist then I see you are not upto legal standards to get rid of legally wedded spouse on your own standing, hence, leave alleged matrimonial facts in the hands of paid legal professional to handle such matters on your behalf, which naturally takes its own due course and does not happen overnight unless ‘C’ is looptail here. No PM to me on my reply. 

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It is not a waste paper or rubbish that you ca throw it out as and when you feel like.  She is your legally wedded wife, you have to follow procedures laid down for the relief you desire.  If you indulge in such an act, which is termed as illegal, you may be landing up behind bars.  she has rights to stay and reside in her matrimonial house being legally wedded wife.   Better not to venture on such ideas.  Mr. Tajobs India has suggested some ideas to get rid of the crisis, you may follow it if it suits you.  My advise is better consult a local lawyer and tackle the issue legally so that you dont get trapped in the legal complications later on. Alternately, you shift your residence from that place and start living in a separate location and ask her to join you in the new matrimonial house through a legal notice (?).  You can even transfer the property in your mother's name by gift or sale deed and then can issue a legal notice through your mother to vacate the house. 

Dear Mr. Kalaiselvan,  

Thanks for ur advice. Plz let me know one thing........... I have heard that if i gift the property to my mother just before filing the divorce, will that not be taken as malafied intentions ?? will the court not take it as a pre planned step to throw the wife out of the house ? how to safeguard myself from that ? What can go wrong in this case ?? 

IF YOU TRANSFER YOUR DWELLING HOUSE BY WAY OF SALE GIFT OR OTHERWISE YOUR MALAFIDE INTENTION WILL BE EXPOSED BEFORE THE COURT.  ONCE YOU MARRIED HER YOU SHALL HAVE TO BEAR SUCH MALADIES WHICH IS CONSEQUENTIAL.  TO ASCERTAIN THE CAUSE BEHIND INTROSPECTION IS NECESSARY.

Dear Mr. Roy, 

Thanks for writing in.. 

Your advice is completely opposite to what......Mr Kalaiselvan has given.... Now what should i do ??  

I cannot sell / gift the property AND i cannot even live with her under the same roof now.....during the case............AND also i cannot throw her out............HENCE, can i move out with my son, my mom and file injunction to stop her from her coming to that house. The house will be rented in my mom's name. Then i get the custody and she fights the divorce and child custody from MY house. She would be alone and might call her brothers / sisters / parents and other relatives to that house. BUT atleast i would be happy to live away from her...and live a peaceful life.......ALL HAVE ADVISED ME TO NOT FIGHT THE CASE LIVING IN THE SAME HOUSE.........as she might put any severe false case on me.......

Plz advice...if this is a good plan ??? Wud be real tough to settle in a new house from the start, but am ready to do so.... for the sake of getting some peaceful years.... We both will fight from different houses... for all the cases she puts on me.. 

BUT i also fear of her settling down in the house and not vacating when we want her to !!! (even if its after 3-4 years of battle in court). Also, can i get an injunction / restraining order from court to make her brothers / relatives to come to that (owned) house ? 

ITS A BIT OF MIND GAME.....NEED SUPPORT FROM ALL EXPERTS........................

This case is quite interesting. Two senior lawyers are suggesting two different things. If I were at your place, I would have followed Tajobsindia Sir first suggestion and provide her rent in lieu of right to live under same roof for safeguarding ‘social / family harmony’.

Biswanath Roy Sir is right that if you sell your house at this point of time then your malafide intentions would be exposed in long run. Don't sell the house and follow Tajobsindia first suggestion.

Mango

Mr. Mango is rightly opined in Mango season.I OPINED TO THE SUBJECT QUERY considering the present  trend of thinking of the Judges and what I experienced from  my long court practices. In your case  you shall have to hire a flat in your name and you shall have to shift your wife to detach her from your family for maintaining family peace. Go on paying monthly rent of your flat till you obtain decree for Divorce. Now the only question left, about your desired detachment from  your wife.  For this purpose you shall have to adopt a strategic legal action which can be sorted out by a legal conference and face to face discussions as careful considerations to be taken up in the matter to avoid rigor of law

Dear "rising up again" @  I just would like to pay close attention to Biwanath Roy Sir reply.. He is a seasoned and senior most lawyer. Here are the main keywords of your case -

For this purpose you shall have to adopt a strategic legal action which can be sorted out by a legal conference and face to face discussions as careful considerations to be taken up in the matter to avoid rigor of law

Mango

Hi, One query, if the property is gifted to mother just before filing petition, just to avoid any future claim on property(if such bill/law comes in future) , would that still be considered as malified and invalid? With No intentions/actions of asking her to throw out till decree is passed.

Silence is biggest one to do anything.

My opinion is a product of long 58 years court practices which is sufficiently tested as proven record of success, hence, conclusive.

Originally posted by : Biswanath Roy
	Mr. Mango is rightly opined in Mango season.I OPINED TO THE SUBJECT QUERY considering the present  trend of thinking of the Judges and what I experienced from  my long court practices. In your case  you shall have to hire a flat in your name and you shall have to shift your wife to detach her from your family for maintaining family peace. Go on paying monthly rent of your flat till you obtain decree for Divorce. Now the only question left, about your desired detachment from  your wife.  For this purpose you shall have to adopt a strategic legal action which can be sorted out by a legal conference and face to face discussions as careful considerations to be taken up in the matter to avoid rigor of law

I second the experts opinion.

DEAR - Roy sir, Mango  and Helping Hand............

Thanks a ton for ur suggestions.. 

For me sending her to a rented flat would have been the easiest but she would not leave. Her brothers and lawyers have told her not to stay out of the house even for a single nite. Hence, we are left with no other option....that to leave our property and rent out a flat and live thr... 

Can she and her family be stopped from visiting her.... by way of injunctions ??   

I am certainly taking advises from expert lawyers too but then....different lawyers have different opinion abt the same idea...so am confused...................

It's easy to show trespasser a way where they belong to. If and only-if your house is NOT big enough then you can go for construction where everyone would be suggested (in the name of construction) to vacate the house. For the same purpose, you can avail loan which would have tax-free and one collapsed wall and stopped construction work cannot be treated as work with malafide intentions.

Rent two houses at the same time, one in which you can stay with her and another one for your mother and sister.

If you are worry about IrBM (Irretrievable Breakdown of Marriage) law then it has long way to go. It would be applicable only for cases which are registered on/after the law has been passed.

Mango