Dear Larned Members, Please advise. I have filed for Divoce in mumbai family court 17 months back. I filed my Evidence Affidavit today in the family court. My wife had filed an application that sh should be given a set of House keys as well.I have shifted my residence to a rented accomodation 5 months back and my parents have legally disowned me as well.
However, my wife continues to forcefully occupy a whole floor in the house owned by my mother and i also frequent that house to meet my son. Please advise on the following points:-
(1) The application aws argued on and the judge passed an order in her favour that she should be given a set of house keys. My lawyer gave the argued that the petitioner(Me) is no longer staying or owns the house, even then the judge gave this order. I drafted a letter for stay order before appealing in High court. The judge rejected that stay order as well.
Please advise if this order can be passed even if the house belongs to my mother.What steps can be taken now to avoid this.
Should my parents being senior citizens file a case of D. V against her ?
(2) The judge had asked my lawyer before giving the judgement that is the petitioner willing to provide an alternative rented accomodation for respondent...my lawyer replied NO. Later I discussed with him and told him we could have said YES and let her stay in the flat i have rented and i could move out and stay somewhere else.. My lawyer replied, if we had agreed, we would have had to tak back our Divorce petition. I didnt understand this. Please enlighten me.
My parents are unwell and disappointed by this order. What move can be taken for their peace of mind?