Please reply

Dear Experts, The Hon Family Court has passed a Decree of divorce against my wife on contest. I filed the Petition under Cruelty.She fought the case residing in my house and continue to do so. Now she has threatened not to leave my house under any circumstances and also defy the judgement of the Hon court.I have filed a Caveat in the High Court.

Kindly advise as to what should be done now.

Regards

Wait 30 days from the date of decree till appeal period. If she does not appeal or in appeal she does not get stay, then file civil suit for her eviction, as she became a tresspasser along with interim injunction relief (under O. 39 Rule 1 & 2) to throw her out of the suit property. Needless to say that civil suit must have the certified copy of the divorce enclosed. You will be granted interim relief in which local S.H.O. will also be one of the defendants and you seek a direction that he should help you to remove her from your house and the court will give such direction and you will get her vacated through police assistance. Why your advocate who helped you to get divorce decree could not find a way to get divorce decree executed?

Dear Mr Chandrasekhar,

Thanks for your quick reply. My lawyer says there is nothing to be executed in a divorce decree as there is no terms and conditions. Only the marriage has been dissolved.

Kindly advise further.

Regards.

After your getting divorce decree and if she does not go in an appeal and get stay against the divorce decree, then your ex-wife is certainly a stranger in your house and under your roof. A tresspasser in your house is always a problamatic issue in addition to that she being opposite gender, you will be in constant fear of facing any s*xual criminal charge at any moment. Hence, file a fresh suit for permanent injunction against her living in your house along with temporary injunction as suggested above and with ad-interim injunction order, with the aid of local police you can remove her from your house. Show my legal advice to your advocate and find out his opinion and if this advice is not palatable to him, ask him to show you some solution to this most serious problem.

Dear Mr Chandrasekhar.

Thanks indeed very much for your valued advice.

Regards.

Please let me change my legal opinion in the first post. I asked you to wait till her appeal period is over before you file a civil suit. Now, I suggest that you immediately move the civil court irrespective of whether she goes to appeal or not. It is important to get relief to obviate any criminal case to be foisted against you.

2. Even if she goes to appeal and gets a stay, even then you put a specific request to the appellate court, that till appeal will be disposed off, she shall be removed from the matrimonial house for the reason that there is a trepidation in your mind of facing false serious s*xual criminal charges. If the court asks you to pay her rental chages till disposal of the appeal, that can be considered by you.

first what was the order or only dissolve of marriage in the judgement

before appeal also immedietely you can file a civil suit for tresspassing in to your property even if you are in rented house you can file the same and if you have not filed she may take the advantage of the same and can frame a new case against you

discuss with your lawyer

and you have not stated why she is staying even after the divorce is granted thus any other cases are pending

Dear Mr Chandrasekhar and Mr K Mahesh,

Thanks both of you. Mr Mahesh the divorce was granted in my favour under cruelty ( sufficient evidence submitted). She continues to stay in my house and have threatened to defy court judgement.

Regards