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Ravi (a)     01 April 2016

Divorice query

hello everybody - when a divorce filed by husband is dimissed or rejected by the court, what rights a wife will have? will she come back and stay at husband's home forcibly?

is there any way to stop wife entering husband's home after a divorce is dismissed?

 



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 4 Replies

adv.raghavan (Advocate,9444674980)     01 April 2016

Yes, she can opt for re entry, as her stand gets vindicated, forcing her out will invite unnecessary problems,  you can opt for immediate appeal  against said order of trial court ,even then she can insist for mutual co existence.

Ravi (a)     01 April 2016

Thank you sir for your advise.

1. can my mother file injunction case in the same trial court where divorce is dimissed along with the petition you just suggested?

2. if divorce is dimissed, can i file criminal case against her and her parents?

adv.raghavan (Advocate,9444674980)     01 April 2016

Question seems  hypothetical, so do answer.

1, if you people (husband and wife) living in parents residence, she can seek re entry, if your parents refuses to accomadate her, then the onus will be on you to provide her residence failing which you are liable to be prosecuted under DOMESTIC VIOLENCE ACT. For injunction it has to be seperate suit and it cannot be filed in family court. as your mother is  not party to proceedings.

2,Every one has the right to file criminal complaint against anyone, but how far they will succeed is million dollar question.Filing criminal complaint may be counter productive. 

With this i am signing off, further solicitation on this will be strictly commercial.

Ravi (a)     01 April 2016

hi,

i filed divorce case first. (still pending in court)

my wife filed DV and 498a on me and parents as counter blast cases. In DV, she was asking separate house & accommodation + maintenance. (still pending in court)

I am staying far away (1000+ KMs) from parent's place & wife's place due to job constraints.

given these facts, please let me know if wife can make and enter my home forcibly if divorce is dimissed. how to avoid the situation and stop entering my home.

I cannot live with her becasue i am afraid of my life and she would kill me.


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