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How to get interim maintenance and residence orders
19-Aug-2026 (In Divorce Law)
My husband filed for divorce alleging false mental cruelty. We live separately due to my PhD; I earn ₹37,000/month as a stipend, while he earns ₹3.5 lakh/month. I do not want divorce and have filed Section 9 HMA and a DV Act case. My in-laws(not senior citizens) deny me entry to the matrimonial home as it’s under their name. What is the best course of action regarding transfer of the divorce case, interim maintenance, and residence rights?
hello myself Suman khatkad advocate I read your question and you are query understand that for more help send me your document you can contact me on via WhatsApp Gmail as you wish. file an application for interim maintenance and litigation expenses according to hma section 24 you can contact me on my mobile number
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Adv. Suman Khatkar
Jind | 5+ Answers
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the divorce on merits, pursue Section 9 HMA, seek Section 24 HMA maintenance + litigation expenses, and strongly pursue residence/alternate accommodation relief under Sections 17 & 19 DV Act. The ₹37,000 stipend does not automatically disqualify her from maintenance.
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Adv. Raman Sahu
Hisar | 25+ Answers
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For interim maintenance, you may seek appropriate relief under Section 24 HMA in the pending matrimonial proceedings, placing on record your stipend, your husband’s substantially higher income, your educational/PhD expenses and the litigation expenses being incurred by you. Depending on the facts, maintenance and monetary relief can also be sought under the DV Act.
Regarding residence rights, a wife has a statutory right to reside in a shared household under Section 17 of the DV Act, subject to the facts and applicable law. The fact that the property stands in the name of the in-laws does not, by itself, conclusively defeat a residence claim; however, the nature of the property, whether it qualifies as a shared household, and the parties’ actual residence history must be examined. You can seek appropriate residence/protection orders under Sections 17, 18 and 19 of the DV Act. If you seek transfer of a matrimonial/divorce case from one State to another, the appropriate remedy is to approach the Hon’ble Supreme Court of India
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Adv. Dhananjay Mishra
Gurgaon / Gurugram | 25+ Answers
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Where are you residing currently and the cases are pending in which courts jurisdictions. If the cases are file in the same jurisdiction state then you can file transfer petition application in Hon’ble High courts. if the states are different then file the transfer petition in supreme court. And request to the court transfer all the cases in a same jurisdiction where section9 and dv is pending.
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Adv. Dinesh Kumar
Gurgaon / Gurugram | 5+ Answers
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You may contest the divorce petition by rebutting the allegations of mental cruelty with supporting evidence. You can also seek interim maintenance and litigation expenses under HMA, considering the income disparity. Under the DV Act, you may seek protection and residence orders; ownership by your in-laws does not automatically exclude a claim to residence in a shared household. Your specific rights will depend on the facts and documents.
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Adv. Sanrit Lala
Gurgaon / Gurugram | 5+ Answers
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