Legal Question in Real Estate Law in India

i have filed a divorce and case is going on. i filed divorce case in 2008, my wife was residing at the same house on first floor, this house is under my mom name., me and my kids are residing at ground floor with my mom. i have one flat, which is in my name, i bought it, and paying monthly installment of rs,15000 p/m. it is 3 bed room, one servent roomflat in dwarka, it was on rent till jan 2009, when my wife came to know that it is going to vocant, the day my tanent left, next day early morning she went there and broke the locks and entered there and now residing there. from the day one i am paying flat installment, and it is purely in my name, but she is co-applicant in my loan against the flat. i am loosing rs.15000/- p/m. we did not say her to quit the previous house, but she intentionally went there and encroached the flat and now she is residing there alone. i want to vocant that flat so tha i can give that flat for rent, is it possible to vocant that flat, or is it possible, if i file a case against her and get the market rent from her??


Asked on 4/09/10, 2:08 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your wife is entitled to a residential accommodation. In your pending case, you may try for a settlement in the court. You cannot seek her eviction or claim any rent from her.

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Answered on 4/09/10, 5:18 pm


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