metrimonial dispute

Dear Querist

In case your wife wants to reside in your house then she can file separate case u/s 12 read with section 19 of Protection of Women from Domestic Violence Act, 2005 in the Hon'ble Court of Area Judicial Magistrate of the concerned District.


Pending divorce case is not a bar in filing the above mentioned case.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site


....

A couple can divorce with mutual consent, or either spouse can file for divorce without the other's consent.
The duration of a divorce by mutual consent can range from 6 to 18 months, depending on the court's decision.
Before divorce proceedings can begin, the couple must live separately for at least 1 year under Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954. However, the couple must be apart for at least 2 years under Section 10A of the Divorce Act of 1869. Living apart does not have to imply living in different places; the couple merely has to establish that they have not been living together as husband and wife throughout this time. To begin with, there should be no problem if the couple already lives under the same roof but not as a couple. However, if the wife and husband have not already been living together, she cannot file any application for specifically living with the husband.
As a result, unless the couple wishes to reconcile, a wife cannot apply to the court for permission to reside in her husband's home during divorce proceedings. 
I hope my answer was valuable to you.
Thank You!

thanku sir