Stay in sharedhousehold

Guest (Querist) 11 November 2011 This query is : Resolved
My husband has applied for divrce. But I am not willing to give divorce. I want to stay with my in-laws(In village) or with him(In city).(He is staying with his friends).
1. How is it possible? DV-Right to stay in shard household can be applicable to my in-laws(In village) home and husband room(In city) also?
Because I cant go to village, since i am working.

2. How long it will take court to approve that i can stay in shardhousehold? Because Since he has vacated home, i am staying alone, getting lot of depression.

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Piyush Vaishnava (Expert) 11 November 2011
make it clear.

Devajyoti Barman (Expert) 11 November 2011
1. No it applies to the home of the husband only and no that of your in laws.

2. Generally after the completion of trial. But you can insist for interim order of alternative accommodation. In emergent circumstances the court may pass such order.

Guest (Querist) 11 November 2011
But he is staying with his boy friends. So whether will allow to stay with him in that home? Completion of trail --- this will take atleast 1 month na?

Devajyoti Barman (Expert) 11 November 2011
The court may ask him to arrange another accommodation.
It may take more than that time or lesser than it.

Rajeev Kumar (Expert) 11 November 2011
Mr.Barman is right. So follow his advise. I do agree

Shonee Kapoor (Expert) 11 November 2011
Whether I would get right of residence?
Could be YES and NO.

For 1 you are working. Therefore you might be getting HRA, if so, then there is no need of accommodation to be provided by the husband.

Now, if your salary is meager and he has more means, then probably you can get right of residence either in the property where he is staying or an alternative accommodation equivalent to the same kind of place you were staying.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com