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498a_divorce (HR)     20 March 2015

Can Divorce case broken by wife by staying her husband house

My wife filled 498a against me and my family and also she got exparte order from district court for DV maintenance case. But i got STAY order for that ex-parte order. Meanwhile i applied divorce in family court.After counselling  she is not file counter into family court and she entered into my house.( last 5 years she never lived in my native house we both stayed separately in Chennai) and she is dragging the divorce case by applying medical certificate. Even now i am still in Chennai.

Now i came to know that she is planning to broken the Divorce case by staying with my native house ( my mother alone is living there) . 

1. Will it possible to break my Divorce case by staying in my house 6 moths ?

2. Is any other way to handle this situation?  Please help me.


 13 Replies

A.Radha Sampath (Advocate)     20 March 2015

When your wife had attended the counselling what was the suggestion and decision at the end of the counselling? The counsellor might have convinced both of you and might have written in his comments that both the parties have agreed to remain together.

2. When your wife is able to live with her mother in law in your native house, then it might be because under DVAct, she might have been provided the residence by you as per the earlier exparte judgement .

498a_divorce (HR)     20 March 2015

Thank you Radha for your swift response.


There were 3 times counselling happened and all these 3 times counselling failed (because of her arogant speach with counseller) and send back to open court with marked as failed ( all these 3 times).

Counseller written as failed infront of us.

2.  After DVact judgement, we got full Stay.

3. Her mother-in-law also moved district court and got an stay order for that DVact ( that is not to enter into mother-in-laws house)

Here my query is

1. Will it possible to break the Divorce case by staying in my house upto 6 months ?

2. Is any other way to handle this situation?

Please help me.

Thanks in advance. 

satya (Manager)     20 March 2015

after entering in the house of husband it is very tough to prove separation  and her intention to be separated from husband.

498a_divorce (HR)     20 March 2015

Here the thing is Husband applied Divorce and wife denied for Divorce.

Husband applied Divorce under ground of Cruelty after 498a filed.

Wife is not filed her Counter in family court and she is not coming the family court.During this Divorce case ongoing, wife entered into her mother-in-law house eventhough mother in law has Stay order.

Will it possible to break the Divorce case by wife by staying in Husband's house upto 6 months ?

[ Note: wife is still not filing Counter in the family court and drag the Divorce case for the past 4 months ]


Even if she comes and stays in your house ie the place where you are staying during pendency of such divorce petition, the allegations do remain and the court will definitely ask you whether you are ready to reconcile and sort out the differences, but the divorce petition will be kept pending until u both come to a unanimous decision as to stay together or part ways.

If you do not want wife, you can tell the same in court, and continue with the trial of the case, which the court will do.

Many people do like this, they go to court together attend case hearing and come back.

No need that two people staying under one roof be compatible with each other.  Marriage is union of hearts not just bodies.  Once there are major differences between husband and wife, and even if wife comes back and stays with husband, it does not mean that the divorce case will get closed.

There have been differences only because of it, you have approached court.  Court will see whether u can reconcile, if not no court can make you both stay under one roof/cohabit with each other/be there for each other, the fact that you have entered court shows that the relationship is dead.

Try to reconcile with wife.  Nothing like it.  Finding another wife is big headache and adjusting with new wife willl be even bigger headache.  So think, you can still save yourself would be my advice for you.

1 Like

498a_divorce (HR)     21 March 2015

Thank you so much.

Its really clear my doubts and my scares. Thank you so much Helping hand.

T. Kalaiselvan, Advocate (Advocate)     22 March 2015

Until the divorce is granted by court, she can very well stay in her matrimonial house, you cannot restrict her or throw her out. However this has got no impact to the pending divorce case.  That is different subject to this. Concentrate properly in your divorce case

498a_divorce (HR)     23 March 2015

Thank you so much sir. Now one more problem created today. She took my passport and other certificates ( he broken the bed room door and almari).

Please help me sir. what step now i need to take or what kind of case i can register now. please help me.

Note:  I have to return back to USA (after my Divorce case)

saravanan s (legal advisor)     26 March 2015

if your mother had got stay order against your wife from entering her home then you can file contempt of court against since she had broken your room and took ur certificates you can file a case of theft and also i think you can file a case for criminal trespass against her.kindly consult a lawyer to get a clear view

498a_divorce (HR)     26 March 2015

Thank you Kalai sir, Saravanan Sir.

We forced police to lodge a theft case. But police lodge Missing case and they got pressure from my wife's side(politically).  Will it possible to file a theft case through court sir?

saravanan s (legal advisor)     26 March 2015

yes you can file a private complaint to the magistrate regarding the offence through an application if vthe police refuses to file fir.

498a_divorce (HR)     26 March 2015

Thank you so much saravanan sir.

TGK REDDI (No designation)     26 April 2015

The reply by Helping Hand is excellent.

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