Hii, if they are not allowing you in , you can file for restitution of conjugal rights.. It is advisable to attend all the court hearings ..
Going back and staying at in laws place during divorce proceeding
Me and my husband had filed for a Mutual consent divorce, and started staying separate from each other for past 1 year. Now I have withdrawn my consent from this MCD and want to go back and stay with my husband but my in laws are not allowing me to come back in that house and have filed a fresh application in court with false allegations of blaming me for pre marital affair, mis behaving with in laws for which they are witnesses among themselves. My brother in Law (Husband's Sister's Husband) and Sister in law (Husband's Sister) are the ones who have ruined everything and are acting as witnesses. Due to their interference my husband has bitten me on some occasions that i have not revealed to any one till now. 1. I don't have any witness or evidence to prove their lies, what should i do?? 2. As all these witnesses are related and can be accused of domestic violence (if required) will their statement be vaild in court. 3. Can i go back and stay at my husbands place as i have withdrawn my consent from MCD. Is it my right/ legally permitted. 4. How can I stop my sister in law and his husband to stop interfering in my in laws house and forcing me to go ahead with divorce. 5. Can my husband legally(with out divorce) stop me from staying in that house after the separation of 1 year 6. I am a working women who neither wants to do expenses on divorce nor will give divorce. In that case is my husband bound to my lawyer for all expanses. 7. What if I don't go to any of the court proceedings, is court liable to take any action against me, can court proceed with divorce without me contesting the case. 8. Can I take some kind of protection if i go back to in laws house till the things get normal. please help
Asked 8 years ago in Family Law
Religion: Hindu
7 Answers
1) you are at liberty to stay in your matrimonial home
2) your husband cannot restrain you from staying in your matrimonial home
3)you can claim litigation expenses from your husband if he files for divorce
4)if you contests the divorce case filed by husband he would get ex parte divorce decree
5) you can file DV case seek protection order against husband
6) statement of relatives would be valid in court . they have to prove allegations made . you can through your lawyer cross examine the witnesses
pre marital affair is immaterial because it is not a ground of divorce. according to section 157 evidence act, evidence of partial witness are not admitted unless it is corroborated with some independent evidence. hence their evidence is not admissible. you have been living in matrimonial home. you received some injuries (physical or mental) therein so according to section 106 evidence act your husband and in laws are bound to prove how these injuries have caused. if they failed to prove then it shall be presumed under section 114 that they have cause these injuries. you can seed protection order and residence order under DV Act.
if you have withdrawn your consent in MCD with a view to live with your husband then he cannot prevent you or refuse your union. you can approach the court under HMA
Yes, you're free to go and stay with him and they can't deny you entry in the Matrimonial home. However, in case the husband does not permits you in the house, file a petition for restitution of conjugal rights by way of filing an application under section 9 of the Hindu Marriage Act before the Family Court.
Also, move an appointment for Domestic Violence under section 12 of the DV act and seek protection order since you anticipate that you may visited with violence.
1. During the subsistence of marriage you have the right to reside in your matrimonial home. If they deny you the entry then a case can be filed by you under DV Act to claim the right to residence and protection.
2. If your husband has filed a petition for divorce on the ground of adultery then the onus is stacked on his shoulders to prove his allegations through cogent evidence.
3. Seek injunction against your in-laws to restrain them from interfering in your married life and committing any further act of domestic violence.
4. You can file an application in the ongoing divorce case to seek litigation expenses and maintenance for yourself and your child.
5. If you do not contest the divorce petition the court will then proceed ex parte against you.
1. Their application with fresh alegations may not be taken into consideration, they may have to prove it by entering into the witness box to establish their blames on you.
2. Did you file a domestic violence case against them, if not then you may file one immediately.
3. You have full rights to live in yor matrimonial home till such time you remain legally wedded wife to your husband, which is called as residential rights, you can proceed.
4. Take the help of police if they try to stop your entry into the matrimonial home
5. No, he cannot.
6. no, he is not bound to bear your litigation expenses.
7. The court will not initiate any action against you if you dont show up before the court, but the court may dismiss the case.
