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kumarraj selvan (teacher)     11 September 2012

I was evicted from our house but she's not giving divorce

me and my wife bought a flat in our names and registered it in our names in 2011. Then we shifted to this new flat in January 2012. the loan for flat is paid from wife's salary. i just gave a token Rs.2,00,000 on my part. She's drawing rs.38,000 per month and i'm drawing rs.24,000 per month.

now, with tremendous pressure from her parents, my wife wanted to rent the house for getting additional money, and wanted to me to stay with her parents which is 30 kms from my work place. so I refused. So, she started staying with her parents for many months, and gave me pressure through her relatives to vacate the house. When i refused, she gave a complaint against me and my parents in the lcoal women plice station. they called me to the station and asked me to hand over the keys within three days. i also vacated the flat and handed over the keys in the month of may. i was forcibly evicted from my own flat, under threat.

now, i am living alone ever since may 2012.  now, she is not living with me, and she is not giving me divorce also. She is also using a cell number taken in my name. when i try to call her, she rudely cuts the call. i want to get divorce. what can i do. plsss advice.



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 September 2012

Dear Querist,

 

1. The Women Police Station had no power to ask you to vacate the house, of which you are a joint owner.

2. Since now you pretty much know what your wife can or cannot do. It's good to start preparing the groundwork for defending any cases that she might file against you and this has to be done before you even think about going in for a divorce.

3. Read https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

for better understanding of the issues that may crop up and how to fight them.

 

Adv. Bharat Chugh

*Supreme Court of India

stanley (Freedom)     11 September 2012

The suggestion given by Mr Bharat is very clear . The Women police station has no power to vacate you from your own house of which you are a joint owner . Without even an FIR they dont even have a right to tell you to vacate and hand over the keys to them you should have consulted a local advocate than and there only .Regarding the cell no which is in your name you can easliy block it by telling the service provider . All you can do is file for Divorce and it has to be based on the grounds of cruelty,desertation  etc which would have to be proved and it may take years  .And as Mr Bharat advised you be prepared for repercussions when you file for Divorce in the form of a  Domestic violence case , 498 A .I hope you remember Newtons third law of motion for every action there is a equal and opposite reaction .

kumarraj selvan (teacher)     12 September 2012

thank you sir. now, she has also rented the flat to a family without my knowledge. I am living alone now in a rented house in a far away place hwile she is living wth her parents in her own house. can she rent the flat, (of which i am a co-applicant for the loan and a joint owner,) without my consent and knowledtge, to a third party? 


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