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What is my right for maintenance and how to stay in husband's house?
20-Apr-2023 (In Divorce Law)
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.
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.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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