Judicial separation

1. Can he ask for Judicial separation in a different court after his divorce petition was dismissed in another court?

No.  In that court you file the certified copy of the order dismissing his divorce petition along with his divorce petition.  On the basis of that his judicial separation petitionn will be dismissed. 

2. Is there any way to stop the Judicial separation? Is it compulsory that I have to attend the case like divorce?

You or your counsel has to atttend the court to file the above said certified copy of the order and argue the matter in the light of the said order.

3. can a stay order from high court help?

If you will not succeed in the trial court where judicial separation was filed, then only you approach the high court.

4. In this situation, can I move to his house and stay with him, because the divorce case is dismissed?

You can stay in his house. 

5. In case if I move into his house can my brother stay with me, for safety reasons.

If your in-laws are also staying there, then you cannot take your brother in that house.  But if you feel insecured, you can seek residential as well as protection order from the competent court by filing DV case.

Thank you sir, for your reply. It was very useful.

I have aslo posted another query- I shall post the details here too for you-

Interim Maintenance was granted, but he did not pay.  I did not go for Execution Petition or Domestic Violence. As money was not an issue, I want to live with him.

He filed a CRP for the Interim Maintenance in high court. He had all documents to prove that I was working. It was pending in high court for four months.

After five years, only recently,  we met . He insists me to file RCR and also says he is not interested to live with me. He says that I am planning to file a DV case and take revenge on him and that is the reason, I was waiting. I dont know why? I just wanted to be cautious. During the talk I was insisting him to take me with him, he refused and said I was acting creating drama.

After the meeting, he withdrew the CRP and now he has asked for Legal Separation that too in a different court. My advocate says that this case can be dismissed in one or two hearings.

I dont understand why he has been doing all this? Why would he file a case knowing it would get dismissed? Why did he withdrew the CRP immediately after the meeting and asking now for legal separation? Why is he insisting to file an RCR? He gives me mixed signals.

For all five years i was waiting only for him to return so that we can co-habit (since he was in US, could not meet him). I also told him that if my intention was revenge, I would not have waited so long. But, he is not believing me.

I don't know what to do, kindly advice.

Under DVact OR Sec. 9 HM act , you can file application for live with him.

Under DV act you can also move application for safety But can't keep her Brother in Husband house.

Husband can't force you for judicial separation.