How to enter into husband's place when he applied for divorce
4 years ago
My husband applied for divorce. Now the case stage is judge councelling. It had been three yrs and all councelling till now got failed. I want to go to his home. Am I eligible to go to his home even though he applied for divorce. I dont want to file RCR which may take years to resolve the issue. He is staying with his parents in rented house. How can I enter in his home. If I ask judge, how many years will it take for judge to grant interim orders to enter to his home. Is there any immediate solution to enter to his place as they are saying that as they applied for divorce, I have no right to stay in his place. I don't want divorce which I can fight in court but I need to stay atleast by seeing his face so that at some point of time, I have hope that he will change his mind.
File DV case and seek the follows reliefs.
PRAYER
HENCE THE APPLICANT HUMBLY PRAYSa
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Anonymous
Replied 4 years ago
Hi sir,
I don't have children. Also I am not sure how many months it will take if I file DVC case. Also I don't want maintainence as I want to stay in his house first. I don't want divorce. If I stay in his home, at some point of time I have some hope that he may change his mind. Can I know is there any section or law which I can ask for residence orders In existing divorce case. Once I get residence orders, his parents words also will be proved wrong saying no one can divide wife and husband and also wife has equal rights.
Suneel Moudgil
Responded 4 years ago
Malabika
Responded 4 years ago
Anonymous
Replied 4 years ago
I am getting the number as invalid when I am trying to reach on mobile. Also can I know is there anyway where I can enter into his home without DVC as DVC is another criminal case and if I file that, again he may get angry. Also can I know how much time it will take for court to provide orders if I file DVC. Can I enter immediately to his home if I file DVC
Shreyash Mohta
Responded 4 years ago
But if you wish you can solve the same amicably outside court. by converting your contested divorce into a mutual one and adding a clause in the "MOU" that till such date the final decree of divorce is pronounced by the court the husband shal allow the wife to stay in his place in as much as if they are married with total dignity and stature.
By this you shall be allowed to stay in her house and also try your luck of expecting him to change.
Thanks
Sayaree Ganguly
Responded 4 years ago
If you haven't got divorced yet, you can surely enter his house and stay there.
Thanks.
Rameshwar Dadhe
Responded 4 years ago
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