anu agarwal (housewife) 10 June 2014

after filing dv case does wife need to leave matrimonial hom

Husband is not staying with me he want divorce nor he is giving monthly but I am staying in my matrimonial home with my mother in law and brother in law , but mother in law keep torturing me with every small issues so I am planing to file DV case on mil and bil .my question is if I file Dv case does I need to leave my matrimonial house till court case will going on, or I can continue staying here only and will this case give husband a ground for divorce

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(Guest)

Wife should stay with husband, go follow him where he lives. Staying with inlaws causes more trouble to you if in-laws get civil injunction order from court. Tommorow they might kill you, and your parents wont even get your body, in such case you solely will be responsible for your death. So it is advisable that you move to where your husband stays or to your parents house for safety. No use filing DV case, ask for divorce directly and find someone else who is mentally compatible with you.

Laxmi Kant Joshi (Advocate ) 10 June 2014

If the house is in the name of your husband or if it is an ancestoral one then no one can stop you to live in that house , but the problem is that your husband is not living with you and he is asking for divorce from you then in that case what is the use to live there, as you have stated that your husband is not giving you a single penny for your maintenance, take a firm decision what relief you want divorce , maintenance, residence order , monetry relief , 498a /406/34 ipc and then ask query for further strategy .

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anu agarwal (housewife) 10 June 2014

@ helping hand sir thanks for ur suggestion but problem is that husband don't want to stay with me that's y he is not coming to his home, that's y I m staying with in laws sir due to small family issues I don't want to take divorce that's y I m trying hard but he don't want to undrstnd this fact coz he know I m all alone no one is there to take any step for me. @ Joshi sir thanks for ur guidance but the current matrimonial house is in name of mother in law and husband is not having any property in his name and why should I go for divorce what was my mistake ? Why there is no law which try to find out problems in between of couples. As I m also thinking I will not get success let see what will be the next stage for me.

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T. Kalaiselvan, Advocate (Advocate) 14 June 2014

You can very well stay in your matrimonial house even if you have filed a DV case. In case your mother in law is filing a suit to evict you from her house,you can very well claim that this was your matrimonial house or your husband may be impleaded as a party for proper adjudication of the said suit. It is advised that you better do not leave the house on your own after which you will not any chance for re-entry to your matrimonial house.

modi sachin (individual) 04 January 2015

if u not leave house ur husband will give u alternate house accomodation offer in court which u r bound to accept in ct. because house is in his name .

modi sachin (individual) 04 January 2015

if u not leave house ur husband will give u alternate house accomodation offer in court which u r bound to accept in ct. because house is in his name .

modi sachin (individual) 04 January 2015

if u not leave house ur husband will give u alternate house accomodation offer in court which u r bound to accept in ct. because house is in his name .