Can i legally stay in my husband's house till divorce is finalized?


Do I have the right to stay at my husband’s house if he has initiated a Divorce case against me? My in laws have asked me to leave the home. I have nowhere to go.

 

Can I stay in his house till the time the divorce is over? If so, how?

 

Answer

 

In India, though the law is not very specific, but the Courts has laid down that wife cannot be denied her right to reside in the house of her husband simply on the ground a divorce petition is filed. Until the disposal of divorce petition you have a right to live in the house of your husband.

 

We suggest you to file an application for claiming interim maintenance under Section 25 of Hindu Marriage Act 1955 read with Section 125 of Criminal Procedure Code (Crpc) and interim residence at your husband house till the disposal of the divorce petition.

 

Furthermore, in case of harassment from by your husband or from his parents, we suggest you to register a complaint against them under Section 498A of the Indian penal Code and the Protection of women from domestic violence act in your nearest police station and the CAW cell.

 

There are different laws of divorce for different religion. Hindus (which includes Sikh, Jain,Budh) are governed by Hindu Marriage Act 1955.

 

Presuming you are Hindu, you will be governed by Hindu Marriage Act 1955. Section 13 of Hindu Marriage Act specifically deals with the grounds of filing a divorce petition.

 

Your husband must have filed a divorce petition on one of the grounds are enumerated below:

 

Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:

 

i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

 

a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

 

b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

 

ii. has ceased to be a Hindu by conversion to another religion; or

 

iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

 

Explanation-

 

In this clause,-

 

a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

 

b. the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

 

iv. has been suffering from a virulent and incurable from of leprosy; or

 

v. has been suffering from venereal disease in a communicable from; or

 

vi. has renounced the world by entering any religious order; or

 

vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

 

We can provide you a detailed opinion and advice once we are aware about the complete facts of your case.

 


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