Divorce was filled while wife was in matrimonial home

Filling divorcce while wife is in matrimonial home can lead to dissmissal of divorce case ?

Opposite party praying court to dismiss the case as divorce was filled by fraud while wife was in matrimonial home.

Please help.


Apologies for confusing stroy.

I have modified the question please see.


Even after modifiying story, it is still confusing. What you want? Divorce? or wife?


I want divorce, wife was in matrimonial when divorce was filled.

Question : If divorce case was filled while husband wife is living under same roof, will that considered fraud or lead to dismissal of the case ?



Divorce can be filed at any time, wife with you, wife not with you. If both of you are still together, then you are relieved of paying alimony to her. Divorce concept is different. Divorce is for ending marriage. People can still live together without marrying or live together even after divorce, court will not interfere.

If court finds your prayer worthy, it will grant divorce. Now go sleep.


Your Divorce Petition cannot be dismissed simpliciter on the ground that your wife is living under the same house.  There has to be more than that.  




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