Steps to evict wife from husband’s property.

✅ CASE 1: Self-Acquired Property in Husband’s Name

You can legally seek her eviction if: • The property is solely in your name • The relationship is strained or divorce is underway

🪪 Steps: 1. Send Legal Notice to vacate the house. 2. If she refuses, file a civil eviction suit (under Transfer of Property Act, 1882) in the civil court. 3. If she files a claim under Section 17 of the DV Act (right to residence), the court will decide whether she has any legal right to stay. 4. You may also seek an injunction under Section 39 of the Specific Relief Act to restrain her from interfering.

⚠️ Important: Even if you’re the sole owner, a wife can claim right to residence in a shared household under the Protection of Women from Domestic Violence Act, 2005. But she can’t claim ownership unless she proves contribution or part-ownership.

• CASE 2: Jointly Owned Property
• If the wife is a co-owner, you cannot evict her without a partition or ownership suit.
• You must file a partition suit in civil court and prove ownership contribution.

✅ CASE 3: Rented Property or In-Laws’ House • If the house is owned by in-laws (not husband) they can: 1. Issue a legal notice to vacate. 2. File for eviction under personal necessity. 3. File a case stating she is an unauthorized occupant. • Supreme Court in S.R. Batra v. Taruna Batra (2007) ruled: “A wife has no right to live in a property owned by in-laws if it’s not a shared household.”