If wife has filed for divorce then RCR petition is not maintainable .seek dismissal of RCR case 

2) wife can seek right to stay in matrimonial home or alternative accommodation in DV case 

You can proceed with divorce against her as well as contest the dvc in court.As per facts stated by you she will not succeed in her cases 

if your mother is sa senior citizen ask her to approach senior citizen tribubal and seek permanent injunction restraining daughter in law from disturbing her possession of the house 

mention she has filed multiple cases against family members 

If the wife has not stayed in a house the same can not be treated as shared household within the meaning of PWDV Act.

The cases filed by her so far is to be contested as its respective merits.

The promptness r delay in filing such cases will not determine the outcome of the same.

Dear Sir,

You are suggested to use the inconsistency of her approach and averments used in different applications. Go for quashing of the cases and also submit suitable replies as and when required. Deny her all claims intelligently and also prove that she has not right to claim residence order in home owned by your mother. 

The divorce case will not be maintainable if she has filed the RCR case subsequently.

As far as the DV case, if it is of false allegations and if you have documentary evidence then you can even apply for quashing the same.

As far as residence, she can claim residential rights in the residence where you currently reside.

She claim residential rights in the residence where you currently reside. If you are residing in the house owned by your mother then she can very well claim the residential rights in that place

She can’t claim residence rights at house owned by in laws. She can claim alternate accommodation 

- No, she cannot get residence order for living in the home owned by your mother 

- However, she can claim residential right from under the provision of DV act. 

- If she has filed a divorce petition then she cannot file RCR , the RCR can be cancelled if she has filed the same without withdrawing the divorce petition. 

- Further, as she is not residing with you since last 1.5 years then it can be a ground for divorce. 

Seek stay of proceedings in trial court pending hearing and final disposal of quash petition in HC 

If you file a quashing petition before the High Court, the trial court does not automatically stop proceedings merely because the quash petition is filed. A stay is not implied; it must be specifically granted by the High Court.
Here is how it works in practice and what you should do.
Once you file a petition under Section 482 CrPC (or the corresponding provision under BNSS, if applicable) seeking quashing of the DV proceedings, the Magistrate’s court is legally entitled to continue with the DV case unless there is a stay order from the High Court.
However, in most DV-related quash petitions, the High Court usually does one of the following at the first or second hearing:
Issues notice to the wife/respondent, and
Grants an interim stay of further proceedings before the trial court, or
Directs that no coercive steps be taken against the husband.
Only after such an interim order is passed does the lower court have to pause.
Until that happens, you should inform the Magistrate that a quash petition has been filed and request short adjournments. Magistrates commonly grant time when shown:
A copy of the High Court filing number, and
Proof that notice is likely to be issued shortly.
They are not bound to adjourn, but in practice they usually do, especially in DV matters.
Given your facts, your quash petition is not weak. Courts have quashed DV proceedings where:
There is long, unexplained delay in filing DV complaints
The parties were not in a domestic relationship at the time alleged
The complaint is filed after divorce/RCR proceedings, showing forum shopping
Residence is claimed in a property that is neither owned by the husband nor ever shared
Your wife’s sequence—divorce → RCR after long gap → DV after further delay, with no communication for two years—is a strong indicator of abuse of process, and you should clearly plead this chronology in your quash petition.
On the specific issue of residence: She cannot claim a residence order in:
A house owned by your mother
A house where she never resided even for one day
A place that was never a “shared household” under Section 2(s) of the DV Act
This is settled law and strongly supports interim relief in your favour.
Strategically, the correct approach is:
File the quash petition in the High Court without delay
Seek interim stay of DV proceedings or “no coercive steps”
Inform the Magistrate on the next date that the quash petition is pending
Avoid filing multiple defensive applications in the DV court once the High Court is seized of the matter
To answer your question directly and clearly:
No, the lower court will not automatically stop
Yes, it will stop only after the High Court grants a stay
Until then, you must manage dates and seek short adjournments

In the quash petition, you may file an application to stay the further proceedings till the disposal of quash petition and if the stay is granted then the trial court will stall the proceedings till disposal of quash petition by high court.

If you get the stay from HC then yes

Dear client,

No, your wife cannot seek residence for the house in which she never lived. As per the DV Act, the residence can be claimed for only a shared household which is not in the instant case. Further here right to residence is very weak since we have incriminating evidence against her right which is inclusive of the threats she have made in attempting suicide and her zero efforts in making a communication with the family. As she herself has left the matrimonial home she cannot later claim residence as a matter of right.

 And the DV case that is filed against you can be quashed since you have strong grounds that are in your favour including the recordings.. You should file a petition under sec 528 of BNSS (which is sec 428 of CrPC) for quashing the DV case that is filed against you since it is baseless and does not have substance.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

- The high Court may pass stay of the proceeding in trial Court until the final order 

- Hence, you should move an application for Stay , with the said quash petition for stopping the proceeding in trial Court.