Can husband be allowed to stay in the matrimonial home for the treatment of his mother?
Dear Sir. My wife has filed divorce petition in the district court Pune under Special Marriage Act in Oct 2017. She also filed DV case against me in the same court. My wife is not allowing me to enter matrimonial home for which all EMI's are paid by me. I am primary owner of the matrimonial home and my wife is a secondary owner. I am paying her interim maintenance Rs 15000/- every month. She is staying in the matrimonial home along her mother and my daughter. I gave voluntary affidavit submission in the DV court not to go visit and stay in my matrimonial home. This was done considering the fact that the matrimonial issues would be resolved soon by giving her space and time. But to my futile efforts, the issues are growing more and more and they become impossible to resolve. I am staying at my native place along my parents and working from there. My question to this forum is as follows,
1. My mother had undergone bypass surgery in Pune in 2016. She was with us for medical treatment for about 3 month.
2. After the bypass surgery, my Mom is experiencing knee and joint pain and taking treatment at my native place. This treatment has not yielded much benefits so far and doctor has suggested for surgery and further tests in Pune. Doctor also gave reference to a specialized hospital in Pune.
3. As I don't have home to stay in Pune and cannot afford for a rented home, can I pursue application in the DV and Divorce court to allow me and my Mom to stay in the matrimonial home on the ground of a medical treatment? We are not sure how many day it will take for the treatment to complete.