You are at liberty to stay in your matrimonial home during pendency of your divorce case
you can in DV case obtain court orders for right to stay in your matrimonial home
you can rely upon audio recordings in your possession
Can I stay in my husband home during divorce case
Ours is second marriage, have 2 years old male kid.he is a central govt employee.my husband, mother-in-law and sister-in-law harassed me and sent me out of my matrimonial house when I was pregnant, I tried calling my husband to convince but no use, he is very stubborn in divorcing me, he is blackmailing me that he will get a divorce by showing the pics which i have taken before marriage with my friends and Ex.also he is cooking up a story that i have illegal contact with my old collegue. He is planning for living together with his colleague during divorce pending process itelf, last month I went to his office to see him,he gave a false complaint that i went to his house to assualt him and his mother. but it was proved as false complaint and returned the statement that he gave with an assumption.i have applied for DV case for a protection order, to stay in my matrimonial house, and monitory help for my son. will i get a place to stay in my husband's home during the pending divorce process? what if he denies to allow me into the house?i have only phone recording proof saying that he need to go for 3rd marriage, can i show this in court as a proof for my DV and divorce case?
Asked 5 years ago in Family Law
Religion: Hindu
7 Answers
1. You have the right to stay at the place where your husband is residing so long you are considered as his wife as per law.
2. Yes, you can place before the Court the evidence that he is attempting/negotiating for a third marriage for which he is causing DV on you.
Wife has right of residence in the property of husband or her in laws.
If she is denied of this right she can file case under PWDV Act for same wherein she can claim maintenance as well.
To get these orders no strict proof of torture is mandatory.
Since you have already filed a DV case seeking protection order and residential rights, you may better hasten the DV proceedings to the desired relief first.
After getting residential rights through court by an order he cannot stop you entering into the house.
You can attach all those documentary evidences in your possession to establish your complaint against him.
Though you have every right to stay in your matrimonial house legally, taking a practical view, it is better for you to live separately, in order to avoid any trouble from your husband and in-laws till your case is settled.
Dear Maam,
1) If under your Dv case you have applied for residence order, the court will order your husband to provide you with residence in shared household and may even order him to leave the house to you and your child.
2) You should seek interim orders for residence and maintainence, if you have not.
3) If your husband breaches that order of court her shall be penalized for breach of protection order .—
A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
4) Audio recording can be used as evidence.
Thank you
- Yes , you can claim residential right from your husband after filing an application in the said DV case.
- Further, you can also file a complaint before the women cell against his harassment.
