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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?
Answers (1)

Answer #1
576 votes
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.
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