A Delhi court has directed recovery of possession of a house from the ex-wife, citing violation of the mutual divorce settlement that included full and final payment of ₹11 lakh.
NEW DELHI: In a landmark victory for men’s rights, the Shahdara Family Court has ordered the recovery of the first floor of a Hapur house from an estranged wife who defied a legally binding divorce settlement. The court directed the police to assist in enforcing possession, making it clear that “full and final settlements cannot be ignored.”
The order, dated September 16, 2025, was passed by Dr. Savitri, Family Court Judge, on a plea filed by the husband through Advocate Manish Bhadauria. The husband argued that his ex-wife had unlawfully re-occupied the property despite having accepted ₹11 lakh as full and final alimony in a 2022 settlement.
The court held in the order that once the woman accepted the settlement amount, she forfeited any further claim or right over the property.
“Having voluntarily accepted full and final settlement, she was left with no interest in the property. She cannot now act dishonestly and violate the settlement by occupying a house she was never entitled to”.
The woman portrayed herself as a struggling single mother with two children, alleging harassment. She further contended that she had been residing on the disputed portion even prior to the dissolution of marriage. The court, however, rejected all excuses, stating: “Had she been residing on the first floor at the time of the agreement, it would have been clearly mentioned in the settlement.”
The court also quoted that: “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 emphasized that “emotional appeals cannot override legally binding agreements, especially when one party has remarried and requires the property for personal use”.
The woman had been given an opportunity to vacate the premises voluntarily but had refused and remained adamant, prompting the court to order coercive recovery. The matter was scheduled for filing of the possession report today, October 8, 2025, before the Shahdara Family Court.
Explanation table of laws & sections Mentioned / Relevant
| Section/ Case law | Provision (What it covers) | Why it matters in this case |
| Hindu Marriage Act, 1955 Section 25. | Settlement of property during divorce & maintenance obligations | The ₹11 lakh settlement is legally binding and enforceable |
| Civil Procedure Code, 1908 Order XXXIX / Execution | Enforcement of decrees, recovery of possession | Court-directed police-assisted recovery falls under coercive execution |
| Specific Relief Act, 1963 Section 5 | Enforcement of contracts & agreements | The settlement is treated as a contractual obligation; breach allows court intervention |
| General Legal Principle | Breach of settlement = fraudulent/dishonest conduct | Justified the coercive recovery to protect husband’s rights |
Case Details
- Court: Shahdara Family Court, Karkardooma Courts, Delhi
- Order Date: 16 September 2025
- Petitioner’s Counsel: Advocate Manish Bhadauria
- Settlement Year: 2022
- Alimony Paid: ₹11 lakh (full & final)
- Property: First floor, Hapur house
- Next Date: 8 October 2025 (possession report)
- Outcome: Police-assisted recovery ordered; wife’s occupation deemed illegal
Judge: Dr. Savitri
Key Procedural Background & Timeline:
- 2022: Divorce settlement finalized; wife accepts ₹11 lakh as full & final alimony
- Post-2022: Wife allegedly re-occupies first floor of Hapur house
- Plea Filed: Husband moves court for recovery through Advocate Manish Bhadauria
- September 16, 2025: Court orders coercive recovery with police aid
- October 8, 2025: Matter scheduled for filing of possession report
Key Observations:
- Enforcement of settlements: Full and final divorce settlement cannot be ignored
- Men’s rights milestone: Courts recognize fraudulent occupation as dishonest conduct
- Emotional appeals rejected: Sympathy or children-related arguments cannot override legally binding agreements
- Police-aided recovery: Demonstrates judiciary’s power to enforce property rights
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