My brother's ex-wife in India has been living in my Mother's house for several years, can we kick her out?

Question

my brother's ex-wife lives in my mother's house in India. My mother lives abroad and has not been able to go back since she got sick and cannot travel. We want to kick this woman out of the house. How can we does this legally? we are in the UK.

Answer 1

You have just stated she is your brother’s ex-wife. What does this ex-wife means? Is she a divorcee of your brother or widow of your brother? What are her liabilities I mean children of your brother are they also living with her? Now why I ask this entire question because a new enactment known as The Protection of Women from Domestic Violence Act, 2005 gives vast power to such ladies who are in domestic relationship with you people cannot be subjected to any act of domestic violence. Kicking her out of her present house which was her husband’s home will amount to such domestic violence & she can get protection order under this Act against you from depriving her of her residences provided under section 23 of the Act: Section 23 (Chapter 23) Residence orders.

19. Residence orders.-

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order -

(a) Restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;

(b) Directing the respondent to remove himself from the shared household;

(c) Restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides;

(d) Restraining the respondent from alienating or disposing off the shared household or encumbering the same;

(e) Restraining the respondent from renouncing his rights in the shared household except with the leave of the Magistrate; or

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require: Provided that no order under clause (b) shall be passed against any person who is a woman.



(2) The Magistrate may impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of the aggrieved person or any child of such aggrieved person.

(3) The Magistrate may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence.

(4) An order under sub-section (3) shall be deemed to be an order under Chapter VIII of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be dealt with accordingly.

(5) While passing an order under sub-section (1), sub-section (2) or sub-section (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order.

(6) While making an order under sub-section (1), the Magistrate may impose on the respondent obligations relating to the discharge of rent and other payments, having regard to the financial needs and resources of the parties.

(7) The Magistrate may direct the officer in-charge of the police station in whose jurisdiction the Magistrate has been approached to assist in the implementation of the protection order.(8) The Magistrate may direct the respondent to return to the possession of the aggrieved person her stridhan or any other property or valuable security to which she is entitled to.
In a landmark judgment few days back one High court in India had allowed a divorced wife to continue staying in her ex-husbands house as she did not have any other accommodation to stay, keeping in mind this judgment you must decide what action should be taken against her. Any illegal action can be causing of embarrassment for you all sitting in UK. You can write to me directly for any further clarification

Answer 2

Why do u want to kick out this woman, she was once related but unfortunately her marriage broke. Let she use the house and u are not in need of the house. When u go to india try to get her out of the house in a friendly way, by pretending that u need the house badly. Legal action in India is long and tedious and maybe in favour of the woman.

Answer 3

Ok I should not be answering this question because I'm in the US but it seems to me anyone that is an "x" should or could be asked to leave. Perhaps that person feels she is doing housework and contributing to the family or watching the house for your mother. Seems to me that anything legal takes many years to go thru the court system there in India so I would presume some male should go there and give her ample notice, and then insist later if she doesn't leave. Maybe she hasn't left because she has nowhere to go, so giving her ample notice should be good to do. The other route, I believe, is to pay off the policeman to remove her.

Answer 4

when you are in UK, why do need house india. leave the house to poor women. Beside if you get into court in india , there will be no solutions for years.

Answer 5

If she is helping your family by doing some work ten let her live. by the way she is in India and u'r in UK, what's the problem?
If its serious ten consult a good lawyer.

Answer 6

You need to talk to a lawyer in international law.

Answer 7

According to her liabilities you can take any step so,its better to talk with lawyer.

Answer 8

Get legal assistance regarding this issue, and then throw that ***** out of your home....

Answer 9

first u need to contact a lawyer... they will tell u the rest

Answer 10

get the lawyer to get her kicked out.thats legal