Delhi court directs recovery of house's possession from ex-wife

New Delhi, Oct 7 (PTI) A Delhi court has directed the recovery of possession of a house from an estranged wife as it violated a mutual divorce settlement.

Family court judge Savitri was hearing a plea by the husband, stating that his former wife had violated the settlement terms, where it had been agreed to pay Rs 11 lakh as a full and final amount.

"Despite having received the full and final settlement amount of Rs 11 lakh, she has totally violated the said agreement and even trespassed into or entered the first floor of the property," said advocate Manish Bhadauria in his plea.

In an order dated September 16, the court said, "She (ex-wife) has tried to make out a case that she has already been residing on the first floor of the property. Had it been done so, it would have been clearly mentioned in the settlement." It said that the woman tried to evoke the sympathy of the court by pleading that she was a divorcee and a helpless lady with the responsibilities of two school-going minor children.

"Once she agreed to accept the full and final settlement amount, she was left with no interest in the property. She can not be allowed to turn dishonest and violate the settlement and fraudulently occupy the property to which she was never entitled," the court said.

It said the husband had solemnised a second marriage and needed the space for his own use.

The court said that the woman was offered one opportunity to vacate the property, but she remained adamant, because of which a coercive process had to be issued.

It then directed the recovery of possession of the first floor of the property.

The matter has been posted for the filing of the possession report on October 8. PTI MNR ZMN