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Adv Madhura Dalvi   08 August 2016

Divorce filed by wife staying in the house of husband

Can a wife be entitled to file divorce proceedings against her husband while she is staying in the same house and along with his parents, whereas the husband has moved out to Dubai for a period of 5 years, and it has been 3 months since he is styaing there.

Can I get case laws justifyign the same.

 

 



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 3 Replies

saravanan s (legal advisor)     08 August 2016

yes the wife can initiate divorce proceedings over her husband in the given circumstances

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 August 2016

She can live in the same house even after divorce as per their agreement

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 August 2016

The said petition is very much maintainable. The co habitation however might make ti difficult for her to establish cruelty. Any woman being subjected to cruelty shall surely not be in a position to stay with the husband or the in laws unless she has nowhere else to go to.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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