Is it mandatory that wife has to stay together with husband in the same house once husband applied divorce
4 years ago
Dear All,
I have this query that if husband files divorce case then still wife has to stay with him in his house with parents because in that case their is a threat that she might continye harassing husband and family and try to make false domestic violence complain.
And also for my knowledge can husband wife stay together and still husband can file for divorce bcus as it is contested divorce husband wants to file for divorce due to mental harassment and wife dont want to divorce so she wants to stay together so that husband xant file for divorce
A.No, it is not like that.
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.
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.
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Suneel Moudgil
Responded 4 years ago
A.it's not mandatory to stay together, however, if possible avoid staying together during contested divorce
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Surendra Rajaram Sonawane
Responded 4 years ago
A.It is not mandatory that the wife has to stay at the husbands place while in divorce.
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Shreyash Mohta
Responded 4 years ago
A.It is not mandatory that the wife has to stay at the husbands place while in divorce.
However, if the wife as you said does not want divorce the, she will always take the plea that let her stay with the husband till such time that the divorce proceedings is over.
Even if the spouse are living together they can file for divorce.
The court shall allow "Judicial Separation" at first and then try to reconcile such marriage. If it all fails then a decree for divorce shall be granted.
In case of judicial separation both have to stay separately as it will be directed by the court.
Thanks
However, if the wife as you said does not want divorce the, she will always take the plea that let her stay with the husband till such time that the divorce proceedings is over.
Even if the spouse are living together they can file for divorce.
The court shall allow "Judicial Separation" at first and then try to reconcile such marriage. If it all fails then a decree for divorce shall be granted.
In case of judicial separation both have to stay separately as it will be directed by the court.
Thanks
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