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How to stay in husband's house safely w/o any torture from in laws?


24-Apr-2023 (In Divorce Law)

I have been harassed mentally and physically throughout during my marriage of 12 years. My Husband is alcoholic & has made my & my 10 year old daughter's life miserable. In 2012 I had logged a police complaint against my husband & inlaws, followed by a complaint in the CAW cell. However a compromise was made & I returned to my husbands house & closed the complaint after that. 

 

However things didn't change even after that. My husband & in laws want to drag me & my daughter out of their home, but I am living there forcibly. I don't want to give a divorce but want to stay in that house only safely.

 

Please help.

 

Answers (1)

Answer #1
207 votes

If you do not want a Divorce, then you can firstly register a complaint in the Police Station and CAW Cell. (i.e. follow the same process which you had done earlier).

Thereafter, file a petition under the Protection of Women from Domestic Violence Act for right of residence. As per this Act, the husband is under an obligation to provide for residential accommodation for the wife and therefore the same can be claimed by the wife.

You can also claim maintenance under the Act or even under the Code of Criminal Procedure for yourself and your daughter.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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