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lawagaintmen (xyz)     07 December 2013

Is it possible please help

my wife and i filed a mutual divorce but continued to live together after 1st motion- but now again separated and she is living with her parents and she is not ready to go for second motion and threatening me to file domestic violence-

Can she cancel mcd and file dv?

she is demanding to stay in my house can she get access to that, our home is on mom's name- ? but in between the first motion we lived in rented house?

what steps should i take-?

 

is it possible that after 8 months of separation she will cancel the divorce and forcefully enter my parents house and i m living with my parents. is it legal can i get her arrest or my mother can file injuction how long this can take. 



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 5 Replies

Laxmi Kant Joshi (Advocate )     07 December 2013

1. It is your blunder mistake that after filing mcd you again live together. 2. she can refused to go for second motion and can file DV case against you and your family .3. if that house is in your mother name then she can not enter in that house without yours mother permission .4 .yours parents have to be disowned you both and then you both will be out from yours mothers house and then It becomes your responsibility to provide her residence and other facility .

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     07 December 2013

First requirement of mutual consent divorce is that the parties should live separately for a period of one year or more. The separation should continue during the pendency of the case. If you are living together, but not like Husband and Wife, this may also be considered as "living separately". However, you have to prove this in the Court, then only the Court may consider dissolving your marriage. It is also important to understand that any one of the parties in Mutual Consent Divorce application withdraw the consent, the Court cannot pass any order dissolving the marriage by mutual consent. You may, however, file a fresh case of contested divorce.

Your wife can certainly file an application under DV Act after withdrawing the MCD application. However, in your defence, you can quote that she stayed with you on her own during cooling of period and then withdrew her consent from MCD. However, it is on the judge to decide whether she gets the rights as provided under DV Act or not. She can certainly ask for maintenance, residency order etc in her application under DV Act. Please also note that even after divorce, she still can file an application under DV Act.

My suggestion to you is to go for mediation and settle the disputes between you and your wife amicably.

1 Like

lawagaintmen (xyz)     07 December 2013

thx experts...actly she is saying she will forcefully enter our house as i m still living with my parents can she do that? as i m still living in with my parents and she said where ever husband is living wife get a right of living before going to court can she forcefully enter the house? can my mom file a complaint against her as she enter the home and can i continue to live there after that?

lawagaintmen (xyz)     07 December 2013

@ divya mam... before filling the mutual divorce she took mer caw cell complaint back that we will now live together in new home and i will bear all the expenses and she worked for me in between and i still have her jewellary but in few msgs i have mentioned that i will return your jewellary but u give mine back...can she demand my side of jewellary to?. and mam we did lived like a husband and wife and we even went to some tours also...now i m worried what should i do. i just dont want her to coome and forcefully stay with me

T. Kalaiselvan, Advocate (Advocate)     07 December 2013

What is your problem  with her?, Do you think you can use her as a doll so that you can play until you are fed up and then throw it away when you no more like it.  If you filed the divorce, your intention is to get away from her, then what made you to live with her and go for tours with her and to enjoy every moment with her during the interval of first and second motion?, If she is willing to live with you, why dont you accept her and continue your marital voyage with her by adjusting a few things between you both. In fact the law itself has provided you an opportunity in the name of cooling off period of six months gap between two motions in such cases so that on reconciliation the marriage can be saved but it seems that you are making a mockery of law.  However answers to your query have been properly done by Mr. Laxmi Kant Joshi, with the help of your lawyer, deal with the situation accordingly.


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