quesCan i stay with husband if divorce case is pending?

If my husband files divorce case against me I want to go his home can I go his home case is going on?

  • ansIf you want to stay in the same house, then we suggest you should file an application under Section 19 of Domestic Violence Act thereby seeking right to residence by the Court.

    Further you can stay in the same house however you cannot cohabit together . There various judgement where Courts have held that during the divorce proceeding wife can stay at husbands house.


  • ansThank you for your query
    If your husband files a divorce case against you
    You have to stay at some other place either your parental house or file for maintenance and thereafter shift to an accomodation
    It is not at all advisable to go to his home and stay with him when divorce case is pending
    Rest course of action can be understood in a better way on meeting in person

    Advocate Amitesh Singh Bakshi

      Delhi High Court, Delhi

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