Delhi court orders recovery of Hapur house floor from estranged wife

Shahdara family court directs police aid for husband after wife violated 2022 divorce deal, occupying property despite receiving ₹11 lakh alimony; report due Oct 8.

A Delhi court has ordered the recovery of the first floor of a house in Hapur from an estranged wife after observing that she had acted dishonestly and violated the terms of a 2022 divorce settlement with her husband. The order, passed by Dr. Savitri of the Shahdara family court on September 16, also directed the police to assist the husband in recovering possession of the property.

The matter has been listed for furnishing of a possession report before the court on October 8. (Shutterstock)

The court was hearing a plea filed by the husband through advocate Manish Bhadauria, who alleged that his estranged wife had breached the terms of their divorce agreement, under which he paid her ₹11 lakh as a full and final settlement amount. Despite receiving the payment, the woman allegedly trespassed into his Hapur property and occupied the first floor.

“Once she agreed to accept full and final settlement amount, she was left with no interest in the property. She cannot be allowed to turn dishonest and violate the settlement and fraudulently occupy the property to which she was never entitled,” the order stated.

The court noted that the woman had tried to claim she was already residing on the first floor of her husband’s property, “whereas the same has not been laid out in the divorce agreement.” It further observed, “She tried to evoke the sympathy of the court by pleading that she is a divorcee and helpless lady with the responsibilities of two school-going minor children and alleged that the husband is harassing her and has no title to the property.”

The court recorded that the husband has remarried and needs the portion of the property for his own use. It also noted that the woman had been given an opportunity to vacate the premises voluntarily but had “refused to do so” and “remained adamant,” leading to the order for coercive action.

The matter has been listed for furnishing of a possession report before the court on October 8.