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Can I evict my wife from my rented house after filing of divorce case?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Domestic Violence

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Question: Can I evict my wife from my rented house after filing of divorce case? I want separation from my wife. I filed a Divorce case in Jan 2022. My wife filed a false DV case in FEB 2022. Now she and the 2-year male child are staying in her mother’s house. She is occupying a separate portion of my rented house. She alone comes and stays in her portion 2 to 4 days a month. In this situation, how can I evict my wife? 

Asked from: Tamil Nadu

The premises is a rental house. You are a tenant and at the point of time you have stayed with your wife in this house. Consequently, this premises became a shared household under the Domestic Violence Act

Right to reside in shared household

Your wife has a right to reside in shared household. There is no fact on record which infers that your wife is a sub-tenant or the particular portion of flat is being sublet to your wife. Hence, you cannot evict your wife.

In Satish Chander Ahuja vs Sneha Ahuja (2021) 1 SCC 414 the hon’ble Supreme Court has held that rental premises are also a shared household under Section 2(s) of DV Act.

Until the decree of divorce passed by the court, she is your legally wedded wife. Therefore, being a husband you have to provide her a shelter or residence. It is pertinent to mention here that the right to residence is also a fundamental right. The provisons of Domestic Violence Act secures this precious right

In the present situation it is not possible for you to evict your wife from the rental premises only because you have filed a divorce case against her. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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