since wife is not tenant so you can file suit for possession and also for damages against wife and also implead husband as party.
Eviction suit
Rent agreement expired on Oct 31'24 and proper notice was served to evacuate property. Tenant requested to extend but we refused. Till date, he has not vacated. On serving notice, we were informed by the tenant (husband) that he was not living in the premises for about 10 months and that his wife lives there. Wife is not the tenant or in any agreement. There is a divorce and domestic violence case ongoing between them. The wife in the meanwhile has mentioned our property address to file her petitions of which we were not informed. In such situation, the wife , who is not our tenant, is living in the premise and is not evacuating and the husband has not done anything for any alternate accomodation for her. What are our chances of getting our flat fast by filing eviction suite? Should we file directly in high court or lower court? Is there any other way to settle the matter?
Asked 2 months ago in Property Law
Religion: Hindu
11 Answers
to add this situation is in Kolkata.
Asked 2 months ago
By any chance, can court grant relief or is it legal for court to grant relief to the wife in DV matter against our property under Sec 19 of Womens protection act although it is a rental property? This act says residential order , does it apply to rental property when agreement has expired?
Asked 2 months ago
You can file eviction suit against the tenant wife has to evict it as she can’t claim residence rights in rented premises
You have to file eviction suit in small causes court having jurisdiction in such cases
2) it cannot be filed directly in HC
Disposal of suit wound depend upon pendency of cases in small causes court
when agreement has expired tenant is bound to vacate the property
husband should in his reply in DV case offer wife alternative accommodation as agreement for rented property has expired
The wife is not a tenant hence she can be considered as an illegal trespasser.
You issue a notice to her stating that she is an illegal trespasser hence she should vacate the premises immediately within seven days.
If she falls to comply you may either give a criminal complaint against her with the local police or file a suit for ejectment to eject her from the premises.
You have to file the suit in the lower court only.
Then you can file the suit in the appropriate civil court within your geographical location.
In a DV case the court will pass an order for residence only against the husband and not against the landlord.
The landlord is not required to provide accommodation for her and the landlord can take action to throw her out of the premises by due process of law.
In your situation:
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Eviction Suit Filing: You can file an eviction suit in the lower court (Civil Court) as it typically handles such matters first. High Court intervention may only come on appeal or in specific cases requiring urgency.
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Wife's Occupation: Since the wife is not a party to the rental agreement, you can argue that she has no legal standing to occupy the property.
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Domestic Violence Act (DV Act): Under Section 19 of the Protection of Women from Domestic Violence Act, the court may provide residential orders to the wife. However, relief is generally directed at her spouse and may not extend to third-party rental property owners unless exceptional circumstances apply. Courts typically do not grant such orders when there is a validly expired rental agreement, but legal strategy is crucial to argue this effectively.
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Settlement Approach: Consider alternative dispute resolution (e.g., mediation) or working with both parties to find an agreeable solution, which may expedite possession.
Consult with a local property lawyer experienced in eviction and domestic issues for the best approach based on the facts and jurisdictional nuances in Kolkata.
the tenant /licensee was the husband
when the license was created it appears there was no problem between the couple
subsequently some problem arose between them
the license was granted only to the husband and i presume to his family which would include his wife
so if the license itself has expired and not renewed the wife has got no right to continue to occupy your property
she is in unauthorised occupation
you can file an eviction suit against both the husband and his wife
as regards any protection order granted by the court in favour of the wife , you will have to intervene in that matter and inform the court that the property was given on leave and license and the license no more subsists and therefore the protection order should be modified so as to not make any mention about your property
- Since, she has not entered into an agreement with you , then you have right to evict her
- You can lodge a complaint before the police for the offence of trespassing in your property against her
- Further, you can also file an eviction suit against her husband and her also for the eviction .
