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in maintenance case by wife if husband is ready to pay rent to wife in
15-Jul-2026 (In Divorce Law)
in maintenance case by wife if husband is ready to pay rent to wife in addition to genral maintenance then can court remove wife from matrimonial home if she is harassing in-laws n husband wife is staying in matrimonial home n husband n inlaws have left home
Yes, the court may consider directing the wife to reside in alternate accommodation if the husband is willing to provide suitable rented accommodation along with maintenance, depending on the facts and evidence. Mere allegations are not enough the court will assess her right of residence, safety, and any proof of harassment before passing such an order.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Merely offering to pay house rent in addition to maintenance does not automatically entitle the husband to have the wife removed from the matrimonial/shared household. If the wife has a legal right of residence under the Protection of Women from Domestic Violence Act, the court will consider the facts, ownership of the property, and the circumstances before passing any order regarding residence.
However, if the wife is genuinely harassing the husband or in-laws, causing threats, abuse, or creating a hostile environment, the husband and in-laws can place evidence before the court and seek appropriate relief. The court may consider alternative accommodation if justified, but every case depends on its specific facts and evidence. Please share the maintenance order, any DV case papers, and other relevant documents through the WhatsApp option on my profile so that I can examine them and advise you on the best legal course of action.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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It is not possible without detail disputed fact ( marriage life ) to give any types of advice still if property in the name of your parents or others except you than they can file civil suit against her and evicted
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Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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Yes. You can make an application for restraintment
in the court. The explanation should be attached with some evidence so that the court can decide over it. But the amount of rent should be equivalent to the same living standard as her matrimonial home.
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Adv. Amreen Shah
Mumbai | 50+ Answers
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However, if the husband offers suitable alternate accommodation or rent and proves that the wife's continued occupation of the matrimonial home is causing harassment, violence, or hardship to the husband and his elderly parents, the court may, in appropriate cases, modify the residence arrangement.
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Adv. Vishal Bhagwan Punwani
Mumbai | 5+ Answers
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