My divorce case, filed in 2008, is still ongoing. Until 2011, my wife lived with my parents, where I now reside with our children. In 2011, she moved into my 3-bedroom flat in Dwarka. I’m looking for a solution to regain possession of the flat so I can sell it. She has tried twice, unsuccessfully, to get a stay order from the lower court. I also won a domestic violence case in January 2016. My children are with me at my parents’ home. How soon can I get my flat back and what’s the best way to proceed?

Apni Law
Apni Law
Law Forum › Category: Divorce › My divorce case, filed in 2008, is still ongoing. Until 2011, my wife lived with my parents, where I now reside with our children. In 2011, she moved into my 3-bedroom flat in Dwarka. I’m looking for a solution to regain possession of the flat so I can sell it. She has tried twice, unsuccessfully, to get a stay order from the lower court. I also won a domestic violence case in January 2016. My children are with me at my parents’ home. How soon can I get my flat back and what’s the best way to proceed?
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Apni Law Staff asked 1 year ago

My divorce case, filed in 2008, is still ongoing. Until 2011, my wife lived with my parents, where I now reside with our children. In 2011, she moved into my 3-bedroom flat in Dwarka. I’m looking for a solution to regain possession of the flat so I can sell it. She has tried twice, unsuccessfully, to get a stay order from the lower court. I also won a domestic violence case in January 2016. My children are with me at my parents’ home. How soon can I get my flat back and what’s the best way to proceed?

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Best Answer

Apni Law Staff answered 1 year ago

Given your wife’s unsuccessful attempts for a stay order and your victory in the domestic violence case, you can file an application for eviction based on the grounds of your wife’s abandonment of the marital home. However, the court will consider the best interests of your children and may impose conditions before granting possession. Consult with a lawyer to assess the best course of action and expedite the process.

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