Can i prevent my wife from staying at my place if i file for divorce?

My wife has tried to kill my mother and my niece on a few occasions. It has been 1 year of our marriage and she has been fighting with me since the first day. A month ago she went to her parent’s home and now that she wants to come back I am afraid she might take harm my mother once again. I want a Divorce.

Can she legally come and stay at my home once I file for a divorce. If yes, how can I prevent the same?

Answers (1)

115 votes

Yes, your wife has a legal right to residence in her Matrimonial Home. Moreover, you being her husband, are under legal obligation to provide for the accommodation of your wife and to maintain her according to your status.

In case you have apprehensions and fear of her harming your family and want to safeguard your family:

When you file a petition for Divorce under the grounds of Cruelty, you can pray that the Court may provide interim protection to your family and that your wife may be made to live separately. While praying for this, you can even state that you shall provide for the accommodation.

If the above does not work and is not granted by the court, for the protection of your mother, she may be made to live separately till the time your Divorce case in under progress.

It may also be noted here that it has been held by the High Court that the wife cannot forcefully enter the matrimonial house if divorce petition on the grounds of cruelty are pending against her.

Kindly contact us for any further details and action.

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