Legal Question in Family Law in India

Can i be evicted?

my husband is asking me to go to another city to apply for a divorce and is saying that he will settle it amicably etc, etc.

my question is this, he has already changed the house once into his mother's name. can he shift it to his sister or aunt or someone and then when i am gone they can come and take possession of the house and i would have no right to enter the house?

is there anyway that i can prevent this from happening?


Asked on 3/31/09, 2:34 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Can i be evicted?

You should not go another city for filing a divorce as that place may not have jurisdiction over the matter.

Legally, he or his relatives cannot stop your entry in your house irrespective of change in ownership. You may seek protection by filing a complaint against him and his family under 498-A IPC and/or Domestic Violence Act.

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Answered on 3/31/09, 9:48 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Can i be evicted?

Hello.

Good Morning!

I would advise you not to change your jurisdiction.

Technically your husband or your inlaws cannot restrict your entry in your house.

In case the things get more worst then you should protect yourself by filing a complaint u/s 498-A or under the DV Act.

In case of need please contact personally alongwith the details.

OR

Mail me all the facts.

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Answered on 3/31/09, 11:48 pm
Urvi Rathod UR Legal (International Law firm) Advocates & Legal Consultants

Re: Can i be evicted?

As per Hindu marriage Act, the married woman has right to stay in the matrimonial home irrespective of the fact whether its belong to husband or in-laws it makes no difference. for any clarification and fixing up of the conference call up on 28904722 and 9892193167 ( Mumbai)

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Answered on 4/01/09, 12:09 am


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