NK 23 November 2020

During divorce case trial , wife wants to stay with husband

Dear Experts,

I am going to file divorce case in a day or two and my wife will also file a case in her homwtown as we know any court case takes long time to settle during case trial my wife is not ready to leave my flat and forcefully will be staying with me, not because she has any attchment with me and thers is 0% chance of compromise ,she has wrong intentions and wants to defame me in society and she may also put any false allegations against me or my parent.

FYI, Her father committed suicide few years back because of her mother's torture, her brother is also a daily drinker and have other bad habits hence I am also afraid of any misshappening with me if she will be staying with me during court case because of this i am not able to concentarte on my office work.

How can i get an order from court so that she leave my flat immediatly and we both can live peacefully at separate places till the time court approves our divorce.

Thanks in advance.

Reply Follow

3 Replies

P. Venu (Advocate) 24 November 2020

Other than mere apprehensions, the posting suggests no wrong intentions or malafides your wife's part.

Of course, you can shift to another residence.

NK 24 November 2020

Thanks for the Reply sir.

But my query was not to ask whether i can shift to other place or no, I am asking is there any way where i can appeal in court to order my wife to shift to her mother's home during court trial. Because flat is owned by me why i should go anywhere else.

Dr J C Vashista (Advocate) 25 November 2020

You have mixed up various issues of the problem, which made is confusing if it is not a hypothetical / fabricated story.

Show the title documents to a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding, if there is some truth in the story.