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Meena Walia   30 June 2020

place to stay pending divorce proceedings

where does a woman and her children live if she applies for a divorce if she is not working ..can she stay in her husbands house during the proceedings or does she have to move out of the house pending the proceedings


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 5 Replies

Real Soul.... (LEGAL)     01 July 2020

Until the divorce is not finalized she can stay with her husband. Husband is bound to maintain her

P. Venu (Advocate)     01 July 2020

Yes, she is entitled to stay in her matrimonial home.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 July 2020

Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. However both the parties should not cohabit with each other and stay in different room.

Meena Walia   01 July 2020

thanks a lot

Dr J C Vashista (Advocate)     04 July 2020

Originally posted by : Meena Walia
where does a woman and her children live if she applies for a divorce if she is not working ..can she stay in her husbands house during the proceedings or does she have to move out of the house pending the proceedings

Ms. Meena Walia,

The woman and her children can not be thrown out of their home irrespective of the fact that whether the woman is working or not.

Whether your case of divorce is pending or yet to be filed ?

If already filed, did you seek opinion and guidance of your lawyer ? However, you can move an application to the Court for passing appropriate orders restraining husband from dislodging his wife and children from their matrimonal / parental home.


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