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Arjav Mehta (student)     22 December 2017

Divorce usband

Sir, If my friend want a divorce with her husband,,and submit a petition against him for whatever the clause like DV or Crulety whateve.. Is she eligible to stay with her husband under one roof ??? during the court matter ..please guide me


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 2 Replies

Vijay Raj Mahajan (Advocate)     22 December 2017

Yes wife can stay under the same roof with her husband but she must not be living in husband/wife relationship otherwise the court will consider the act of cruelty and domestic violence prayed by the wife for dissolution of marriage has been condoned by her and refuse to allow her divorce on this ground.

Kumar Doab (FIN)     22 December 2017

The affected spouse as in query posted by you may stay under same roof and avoid copulation.

As a true friend advise the spouse as in query and other spouse to save the marriage.

The result of the dispute may depend upon facts of dispute.

If the marriage cannot be saved advise them to end the wedlock by mutual understanding; MCD and avoid wastage of money, precious years of youth and time to build career.

If they don’t buy advise of a true friend they may meet their fate and spend time in courts and be happy with decision of court.


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