Legal Question in Family Law in India

wifes right after filing judicial seperation

I got married under HMA.I was tortured by my husband.I have lodged 498a against my husband.I have also filed for maintenence under sec 125.I have filed for judicial seperation as i need time to think whether i will be able to forgive my husband or not.But i

want to stay at my husband's house till i madup my mind of divorcing him.As i want to stay at my husband's house but i donot want keep in touch with him till i comes to the decision so i have filed for judicial seperation.

My queries are if

1)wife files for judicial seperation on cruelty ground what rights wife can still have?

2)Can wife stay at husband's house on residence order if she has file for judicial seperation?

3)Can husband challenge wife's petition for residence order on the ground that she has filed for judicial seperation?


Asked on 5/01/09, 8:53 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: wifes right after filing judicial seperation

the wife has absolute right to stay at the husband's house and this right is also recognized by domestic violence act. a decree of judicial separation is no bar for your right to reside in his house.

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Answered on 5/01/09, 2:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: wifes right after filing judicial seperation

once you get a decree for judicial separation you have to be separate but if you stay together even after that the decree will be a nullity.

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Answered on 5/02/09, 1:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: wifes right after filing judicial seperation

In the situation you have described, you may claim right of residence under domestic violence laws.

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Answered on 5/01/09, 11:39 am


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