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Chandra Singh (None)     12 February 2014

Can a man live seperately after filing for divorce

We are planning on filing a divorce for our son on the basis of mental cruelty. I believe it will take about 6-7 years for the divorce process to be completed. His wife wouldnot be willing to move out until it is required by law. She will continue to torture my son. Can my son live seperately after he files for the divorce.


 8 Replies

Dr J C Vashista (Advocate)     12 February 2014

Yes, he can live separately, if he chooses so.

fighting back (exec)     12 February 2014

you can file an application in the divorce court itself about the mental torture given by the wife, and also at the same time, arrange an alternate rental accomodation for her (she cannot be left out of the matrimonial house, remember that) and pray to court that we have made such an arrangement and due to mental cruelties meted out by her, we wish to live separately from her.

if the house in your name (father in law) you can move a civil injunction petition to ouster your son and his wife from your house. you son can stay at a PG accomodation for some time and the wife can stay in the rented house. 

Shantanu Wavhal (Worker)     12 February 2014

file divorce petition.

also file application u/s 21B

Biswanath Roy (Advocate)     12 February 2014

I  advised you earlier to file a case against your daughter in law u/s. 503 IPC. and also to lodge a diary in the local Police Station with the similar allegation .  This application will be a good evidence in the divorce case to substantiate mental cruelty and harassment, secondly, it also prevent your son from the criminal case u/s. 498A IPC.. NOW IN RESPONSE TO YOUR PRESENT QUERY i advice you to file an application for a direction for separate living of husband and wife before the court dealing the Divorce matter and show the application u/s.503 IPC to establish its necessity to avoid any possible untoward incident that may cause in future.

T. Kalaiselvan, Advocate (Advocate)     12 February 2014

Your son can live separately away from her even before filing a divorce case, there is no law restricting him from doing so which is his own will and wish and he need not give an explanation to anyone in this regard.  the contested divorce case will take its own time and of course due to heavy accumulation of such cases, it takes a little too long, one has to endure the given situation.

S K KARNjhc (Legal Adviser)     12 February 2014

I'm quite agree with Mr. Roy sir

Chandra Singh (None)     13 February 2014

I am sorry,if I was confusing. But my question was can he live separately from his wife after filing for divorce.

Biswanath Roy (Advocate)     13 February 2014

Yes , he can, even before filing for divorce. No law can be the bar for separate living of the husband..

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