How to fight "Rights to reside petition" filed by wife under DV act.

Sir, I am an NRI currently residing in Dubai. Married in September 2020, and my wife resides in India. Within a few weeks of our marriage, we had misunderstandings and conflicts. She continued to threaten me and my family with suicidal notes multiple times. Due to this, I approached the court for a divorce. She has filed for maintenance, and the court proceedings are currently in progress. In the meantime, she has challenged that she will destroy my entire family and seek revenge (I have video and audio proof of it). After almost two years now, she has filed for rights to reside in the matrimonial home. I am not living in India, and the house in India is in my mother's name. My elderly parents and I do not want her to stay in the house since I strongly desire a divorce from this situation. I need proper guidance and information on the legal ways to prevent her from living in my parents' home while the court proceedings are ongoing.

2 Answers
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Bhagat singh Sharma
Advocate Bhagat Singh Sharma Answered: 25 Oct 2023

Consult a reputable lawyer in India immediately. Provide evidence of threats and harassment to support your case. Seek a legal injunction to prevent her from entering the property. Protect your parents' rights as property owners and emphasize their safety concerns. Communicate with the court regarding the urgency of the situation. Consider providing alternative accommodation for your wife to ensure her well-being while the legal process continues. Prioritize legal counsel's guidance to navigate this complex situation effectively.

Admin
Advocate By LEAD INDIA Answered: 24 Oct 2023

The said matter is serious and requires detail discussion, Contact us on helpline number to talk to our legal experts. 

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