I am 48 year old. My divorce case is pending in a district court from last three years. I am giving alimony to my wife 9000 per month. She was living in her mother house from last 3 years. But last week she came into my house. Now she is living in my house. So, now i want to know that can she live in my house ? Can I stop giving alimony ? My advocate tells me that she can live in my house with getting alimony. The divorce case is filled by my side. My divorce ground is that she is mentally ill or she attacks on other. The evidence of a doctor has been done in court.
Asked in Family Law from Haryana, Haryana
since she has come back,kindly inform in writing to local police station stating the entire facts
Advocate, New Delhi
She can certainly live in your house unless there is a restraint order from a court. Pendency of a divorce case does not put to an end her right to stay in the matrimonial house. You cannot on your own accord stop giving alimony to her as alimony is being paid on court orders. However, you may request the court to absolve you of the obligation to pay alimony to her as she has now returned to your house.
1. She is still your wife & has the right to stay in her matrimonial house,
2. So, you can not restrain her from staying in to your house without Court order,
3. File an application before the Court for reducing the amount of alimony you are paying her now.