Divorce

Rekha (Querist) 02 September 2018 This query is : Resolved
I am applying for divorce case.. it must be filed by my lawyer within 2 or 3 days.. as she is preparing for the documents.. kindly let me know what is the next process.. i have requested for injunction for him to enter the home in which myself and my kids stay... i want to know stage wise process..

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Dr J C Vashista (Expert) 03 September 2018
You have already stated to have engaged an able, competent and intelligent local lawyer to move to the court, stick to her advise and guidance. Do not venture to rely upon obligation of experts on this platform as the same is bound differ since you have provided limited information, although it is available FREE OF COST.
Before proceeding for a divorce have you explored possibility of amicable settlement with the intervention of family members/relatives/ common friends/well wishers and save your marriage institution?

Vijay Raj Mahajan (Expert) 03 September 2018
Injunction order for the husband to keep away from you and children is possible under the PWDV Act, 2005, provided the husband indulge in acts of domestic violence against the wife and children. If there is nothing on record to show his acts of domestic violence, no court will make order preventing the husband to come to the matrimonial home and visit the children who are common to both parties, not exclusive property of the wife/mother.
The exclusive custody of children should also be claimed by the wife along with maintenance for herself and children from the husband, if that is not being done, this will help in getting positive result from the court in having exclusive custody of children by the wife.