Divorce petition

Originally posted by : Sangeeta Kumari
	Hi One of my friend is seeking divorce from his wife. Both are living in same rented house. He is about the shift to some other place. Is he liable to take her wife along with him after filing divorce or he can ask her to leave that house as she has put false allegations of domestic violence on him  recently? Moreover, are working woman by law eligible to receive maintenance from husband while divorce proceedings or even after divorce?

First of all it is not your personal problem, it is better to let the "original" parties seek obligation, if so desired.

You have posted multiple questions, which are generally impractical and prima faice hypothetical.

After filing a petition for divorce taking or leaving his wife with him (husband) in another rented house is his personal decision, which is not his liablity and cannot be presumed / predicted.

Working women are eligible for maintenance from her husband.

Working women are not eligible to get maintenance from husband during divorce proceeding. 

( 1 ) It's  your friend's choice whether he wants to live with his wife or not.

( 2 ) wife can claim maintenance if her earning is not sufficient to maintain  her..

As long as remain married to each other then it becomes his duty to provide residence to her.

You may please note that even during a pending divorce case, a husband is generally obligated to provide a residence for his wife. 

This obligation stems from the Protection of Women from Domestic Violence Act, 2005 (PWDVA), which grants a wife the right to reside in the shared household, regardless of ownership, until the divorce is finalized.

This right is not contingent on the pendency of the divorce case. 

Even if a divorce case is pending, the husband's duty to provide a residence for his wife continues.

In addition to the right to residence, a wife may also be entitled to maintenance (financial support) from her husband during the pendency of the divorce case. 

A wife who is also employed is still eligible for maintenance under Indian law if her income is insufficient to maintain her standard of living. The courts consider the wife's needs, the husband's income, and the standard of living enjoyed during the marriage when deciding on maintenance.