quesWhat is my right for maintenance and how to stay in husband's house?

I am being harassed mentally throughout during my marriage of 10 years, and had even made complaints by dialing 100 once last year wherein the Police came but all other family members persuaded me not to file a formal FIR. He abuses me, calls me names and belittles my parents who are staying with me.


I have a 5 year old son to whom I don't want to cause any mental trauma. As we live in a joint property with my husband he wants me to leave the house and go. I am a working lady and would like to know my rights to ask for maintenance and not leave the house.


  • ans


    Firstly, with respect to the House, as per the Protection of Women from Domestic Violence Act, you have a right to residence which states that the husband is under an obligation to provide residential accommodation to his wife. 


    Regarding the house, we need clarification to answer your question, if it is a jointly owned property by you and your husband or is a joint family property of the husband. Once clarified, we shall be in a position to answer your query.


    Secondly, with respect to the maintenance, you can claim maintenance under Section 125 of the Indian Penal Code as well as under the Protection of Women from domestic violence Act. However the amount shall be decided by the Court depending upon the facts of the case.


    Lastly, you can even register a complaint under Section 498A of the Indian Penal Code for Domestic Violence.


  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

I came to know that my wife has been in extramarital affair when I checked…

Mere husband mujhe divorce dena chahte hai unhone mujhe phone pe bat karte hue pakad…
I left my husband's house 10 days after marriage due to huge compatibility issues. We…
Hi, I was engaged to a girl on 7th March. It was an arranged marriage…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly