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Dismissal of Divorce

(Querist) 14 September 2010 This query is : Resolved 

Some experts suggest, since the Divorce petition is dismissed you can go with your daughter to Matrimonial home.But as one advocate mentioned the property is in my in-law's name. Kindly clarify whether still i can go with my daughter. If i didn't go for one year, is there any possibility for my husband to get divorce. How can i tackle this situation. How to safeguard my marital status and my daughter and restrain my husband from getting divorce.I dont have any support from my family side.

With Thanks and Regards
M/s. Y-not legal services (Expert) 14 September 2010
1. your query includes about a property also.. but its not cleared..

2. if you want safegaurd your marital status, and your daughter mean better you may file restitution of conjugal rights petition.. also can file a maintanace case also..

Advocate Rajiv Mishra (Expert) 14 September 2010
you need to get a protection order u/s 12 domestic voilence act as ur safe gaurd. that will suffice.
Devajyoti Barman (Expert) 14 September 2010
As I replied earlier mere dismissal of the divorce does not create any new right in your favour. You all along had such right but if you go to live with your husband he in all likelihood will not allow you to enter and if that house is in the name of his parents then DV Act could not be any help to you. But still you can file a case under that section so that your husband do arrange an alternative accommodation for you and your daughter. You could also claim for maintenance under that proceeding.
If he now challenge the order of dismissal in the high court then you could contest again.
s.subramanian (Expert) 14 September 2010
Yes. I fully endorse the view of Mr.Barman.
yogesh (Expert) 16 September 2010
Not clear query Please redraft it whether kin application for the divorce is dismissed??
If dismissed, the Who is the petitioner??

The applicant who has sought the divorce has failed to prove the grounds for divorce??
By not living with the spouse , the Petitioner may file another application on the ground of desertion/cruelty for divorce

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