What 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.
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.
- 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.
Get Started >>
Answers by Our Lawyers
- How to calculate 30 days demand notice period in case cheque bounce
- Can I send a defamation warning notice via a lawyer if I'm abroad?
- Execution proceeding of the property which does not exist
- Did not sign any agreement do I have to give any notice
- necessary to file recovery execution in high court for maintance