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I and my wife filed for mutual divorce in 2018 but after first motion my wife took a U Turn even aft


08-Nov-2023 (In Divorce Law)
I and my wife filed for mutual divorce in 2018 but after first motion my wife took a U Turn even after signing MoU and receiving Stree Dhan. It's 2022 and my divorce is still pending as I don't want to live with my wife while my wife wants reconciliation. She's claiming some amount to give me divorce but I am completely out of balance. Can she seek Right to Residence where I'm currently living with my parents after 4 years of separation and the property is on my mother's name. She has never claimed maintenance and alimony in all these 4 years. She just want to stay with me.
Answers (3)


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Answer #1
724 votes
The Punjab and Haryana High Court has made it clear that a woman can be evicted from her in-laws' house under the Senior Citizens Act, despite her rights under the Protection of Women from Domestic Violence (DV) Act. Though right to seek residence in a sharehold can be provided to a married woman irrespective of title. However this does not include self acquired property. You may contact
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRato Delhi | 1000+ Answers
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Answer #2
572 votes
She can claim right to residence if she files Domestic Violence against you. But since the property in issue is not owned by you then it will not be such a serious problem. But it’s advisable for you to disown yourself from your parents property just in case she goes doing nasty. For more legal assistance I will be just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
840 votes
Yes your wife has right to file the cases against you in terms of 498a, Domestic Violence, 125 CrPC and get reliefs under Domestic Violence Act, 2005 (DV) as under : 1. Monetary Relief 2. Compensation Order 3. Residence Order 4. Custody Order 5. Protection Order Kindly b in touch
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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