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Mutual divorce filed,but still trying to forcefully stay at my place
3 years ago
Need advice for divorce case. Registry marraige happened 3 years ago. Social marriage did not happen and we live in our parents house. Mutual divorce has been filed already with mutual consent due to the personal relation breakdown. But the girl is not ready to give divorce. Continuously threatning she wants to stay in our house forcefully. As mutual divorce is filed and we never stayed together for these 3 years. Can she stay in our house forcefully?
A.Mutual divorce filing does not stop her to stay with you till grant of divorce. However you need to check the points agreed in MOU
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Sidhaarth
Responded 3 years ago
A.By filing divorce petition by mutual consent you have confirmed the relationship of husband and wife. As such in your case after such confirmation you have no ground to say that she is not your wife so being wife she is entitled to shelter like residence.and maintenance also. Your plea that you have not stayed with her or that social marriage not happened are of now of no use as you yourself has confirmed the marriage by filing petition for divorce by mutual consent. Resist her entry into your house and if so required report the matter to police.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
She cannot forcefully stay in your parents' house, but she can claim maintenance during and after the divorce proceedings. If she is unwilling to agree to a mutual consent divorce, you can file for a contested divorce on the grounds of irreparable breakdown of the marital relationship.
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She cannot forcefully stay in your parents' house, but she can claim maintenance during and after the divorce proceedings. If she is unwilling to agree to a mutual consent divorce, you can file for a contested divorce on the grounds of irreparable breakdown of the marital relationship.
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A.Hi,
You can approach the Court and have her removed by physical force, if the need arises. As you are getting a divorce, you do not need to accommodate her in your house, but she will be entitled to claim maintenance. If she is unwilling to give a mutual consent divorce, you can file for a contested divorce on the grounds of irreparable breakdown of the marital relationship.
If you found this helpful, please rate us.
You can approach the Court and have her removed by physical force, if the need arises. As you are getting a divorce, you do not need to accommodate her in your house, but she will be entitled to claim maintenance. If she is unwilling to give a mutual consent divorce, you can file for a contested divorce on the grounds of irreparable breakdown of the marital relationship.
If you found this helpful, please rate us.
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Advocate Niyas Fazal A
Responded 3 years ago
A.You can file for injunction to restrain her from entering your house.
You didn't mention your mutual divorce petition dismissed or allowed.
If it is in pending ( no chance) or dismissed you file divorce petition.
You didn't mention your mutual divorce petition dismissed or allowed.
If it is in pending ( no chance) or dismissed you file divorce petition.
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