Conjugal restitution right

Rahul Gupta (Querist) 15 May 2016 This query is : Resolved
My sister's husband in Maharashtra. obtained ex-party divorce on ground of cruelty without her knowledge. Now family court on her appeal has allowed re-trial in divorce case.
Her husband has said that he will go in Mumbai High Court against this order of "permission to re-trial".
1) Can my sister currently forcibly enter and stay in her husband's house? or she will have to wait for decision of HC (if at all her husband approaches HC)
2) Can she currently lodge Case under DV Act against her husband?
Her Lawyer is advising against lodging DV case. According to lawyer "it will raise suspicion in mind of HC judge that you are only trying to get divorce dismissed for revenge".
Kindly give your opinion.

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