Do I need to stay in a different house before filing divorce?
04-Feb-2025 (In Divorce Law)
I want to proceed with a divorce petition. My wife wants to stay in my rented house and doesn’t want to leave. I don’t have means to rent a separate accommodation for myself. How and when can I file the petition?
You can file a divorce petition under Section 13(1)(i-a) or (i-b) of the Hindu Marriage Act, 1955 immediately. Since the house is rented in your name, she has no automatic right to stay. You may seek exclusive possession under Section 19 of the Domestic Violence Act, 2005. If she refuses to vacate, request the Family Court for necessary orders. If needed, mediation can be considered before proceeding legally.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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