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Raj (IT)     13 November 2012

Forced entry post sending divorce notice?

Hi,

I do not want to live with my wife anymore over various reasons. I am about to send a divorce requset notice to my spouse by the end of this week. and I am okay for interim maintenance etc. Please clarify on below questions:

1. Post receipt of the notice, can she (my wife) come and just sit my house stating she would not leave? If so, would that not be a forced entry? Is there a legal way / clause by which I could request her to leave my home and stay with her parents only?

IF there is any way / such a clause, kindly advice. 

Thanks! 



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Chetan Joshi

Chetan Joshi (Advisory/Advocacy)     13 November 2012

Raj...

 

She will be your wife until DIvorced...She has a right to visit you and also she has to give her assent to your notice for a mutual divorce...

 

All you can do is to request her to stay away...

 

Regards

 

Chetan(dot)7679(at)gmail(com)

Nitish Banka

Nitish Banka (lawyer)     13 November 2012

she has every right to stay at her matrimonial home until decree of divorce is granted.

Sudhir Kumar, Advocate

Sudhir Kumar, Advocate (Advocate)     14 November 2012

The "various reasons" whihc have not been spelt may be relevant.


Generally demanding wife to leave house is Domestic violence.  You can only reuest her to leave.

Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2012

Can she come and stay in your house after you have filed Divorce: Yes, she can.

 

Should you allow it: No. Let her follow the due procedure to gain entry in your house, by filing DV or any other case.

 

You should always try that she is not able to get in side your house.

 

 

 

Regards,

 

Shonee Kapoor

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