Wife entrance during live-in

correcting the question -

my friend's divorce case is pending in court since 2 years and his wife is not ready to give divorce and not ready to come back. He stared to live-in with a girl. what if wife come back and start staying at home to break the live-in ?

entry by force u mean?

take a rented accomodation in name of livin partner.

entry by force i mean. he can take rented accomodation in name of livin partner but it will increase the expense.

1) while divorce case is running in court, does wife has right to come and stay at husband place by force?

2) how to save asset if wife ask for share.

more facts about case. wat cases running , wat are pleadings, wat is reason of separation?

avoid entry by force at any cost.

wift left husband place 4 years back without any reason and asking separate house. husband is not ready for separate house as he has to take care of old parents and applied for divorce but wife is not ready for divorce. as wife is ready to run the case long, husband started livein relationship. when wife come to know about this relationship, what if wife forcefully start staying at husband home only to harras husband? does she has right to enter husband home during divorce case? how to save assets from wife? what is best solution for this case? my friend is innocent but his wife and her family members are dominating.

hi avnish, please let me know if any more details are required.

@ Author

File civil injunction suit against errant wife not to come 500 mts near residence and or she can't enter your residence till divorce suit is pending. Catena of citations (reasoning0 exists under family law to grant such reliefs. Act fast before she files DV act and seeks interim relief under residence orders.

BTW< your friends wife is on right track i.e. not to give divorce to your friend ! Bze your friend has not filed any criminal cases against her unless and until they are filed she will not budge from her position. Alternate is to pay her va MCD and get over with IT if your friend finds this live-in partner a long inning material........

sir, you said that she can file DV act and seeks interim relief under residence orders...do you mean she can ask for interim mentainance? can she file any case now under DV as they both separated 4 years back and divorce case is running since 2 years. husband is doctor and already paying 5k as interim mentainance pm.

is there any chance husband can file any criminal case against his wife..what are those? she is not ready for mutual divorce also.

Wife is not ready to give divorce so husband have no option ???

And suppose Husband dont ready to give divorce and wife ask for divorce the wife having weapon ( false 498a or Dv etc)and misusing laws( and sometimes their inlaws support them too) on the other hand husband have no law only to wait and watch.

@Sunil

can she file any case now under DV as they both separated 4 years back and divorce case is running since 2 years. husband is doctor and already paying 5k as interim mentainance pm.

@ Author

Based on plaints and allied briefs of parties "criminal cases" are launched in such situation and or encourage your friend not to 'run after divorce' instead opt in for a 'suitable' live-in partner and carry forward with life. Being Dr. also means affordability is there (if they both one fine day sit across table for MCD is what I actually mean) is not an issue so to speak so why waste away precious life on such trival countrywide matters.


And why you are so worried, instead start searching for your friend a compatiable live-in partner . Well Hon'ble SC is with him on this point so no hurry, no worry and no chicken curry go for Biryani man tell him that.......


Few lighter moments apart, above suggestions are current - correct legal propositions which you may cross check with any good family law advocate of your choice in case you are in doubt.


Concerning maint under DV Act other than what he is meeting currently, yes she can not only ask Maint. under DV but also under S. 125 CrPC and also under HAMA so it may be news for you but few here are already old hands in multiple simultaneous maint. litigations here.......

not ready to come back and not ready to give divorce because she want independent life, dont want to stay with in-laws. also more than her, her parents are asking for independent house. but for husband there is no one to take care of his old parents if he go separate. when asked, she dont have any reason, just want to stay separate.
also getting monthly mentainance even her parents are financially sound.

what is better way to handle this case, please suggest. how to avoice false cases and force her for mutual divorce.

my friend is already started livein with partner. question is what if wife start troubling....like asking for assets, money.  also for mutual divorce they are asking huge amount which my friend cannot think also in this life.

regarding mentaince, 5k is already more looking at husband's income. how can she claim more mentainance under differenct acts when court has decided 5k looking at husband's income.

Divorce is a chess game, if lady not agreeing to divorce she will file fake criminal cases to put pressure on male to pay ASTRONOMICAL MONEY.

to avoid this :

1. never show u are in a hurry for divorce

2.Join SIFF to see what a dog (according to girija etc.born as man in india) rights are.

3. Show her u are enjoying a gud life with ur livin partner

4.Show her that u can wait for divorce till the marriage of ur garndchildren

if u follow above rules there is no reason (except for a psychitric case) she will not agree for divorce ina reasonable period. i have seen cases of reverse extrortion , girl paying to guy to let her go free and remarry at middle age.

best way is leave ego

decide if two can live togethrer happily or not

if yes then live happily

if no then part amicably without thinking i can waste so many years of yours, ultimately there is collateral damage only. i.e. both male and female are loosers in this game.

but if she is arrogant making right moves in divorce are very important.