Matrimonial right in case of living on rented accommodation

Question

Matrimonial right in case of living on rented accommodation

13-Oct-2023 (In Divorce Law)

Dear Sir/madam, Due to immense difference between me & my mother in law, my husband wants us to live seperately now, but since marriage I have been living with my husband in his ancestor home, but now he really want both of us to live separately In case we will start living seperately , will it remove my right of residence in the same house in which i am living with him from last 3 years And what are the consequences in case we will start living seperately ? Please help me out about the same

Answers (5)

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Adv. Shivam Chaudhary Adv. Shivam Chaudhary

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Advocate Jitender Singh LawRato · Accepted Answer · 2023-10-13T11:33:59+05:30

Answer #2

You have got full residential rights over your matrimonial home. No one can stop you or deny your rights over the ancestor home. Since you have left your own home for your husband and in-laws. If there is any problem in future then you can always serve them a legal notice and legally you have got a petition to be filed under the DV Act.

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Advocate Bhawana Pandey LawRato · Accepted Answer · 2023-10-13T16:32:18+05:30

Answer #3

There would be no consequences of living separately from your matrimonial house as you would be living with your husband only. Right of residence can not be taken away from you till you are legally wedded to your husband. However if you still have any apprehension of loosing the share of your husband in the property, you can seek for partition and injunction in court. For any further clarification feel free to contact. Thanks

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Advocate Rajesh Kumar LawRato · Accepted Answer · 2023-10-13T22:29:46+05:30

Answer #4

you right to Residence remains in ancestor house although start living in rented house. it's also depend on the having children or not and you can file Residence right later when dispute starts with you husband or ask you husband to ask for share in the house.

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Advocate Kunal Seth LawRato · Accepted Answer · 2023-10-14T19:45:20+05:30

Answer #5

if you leave ancestral property your right to stay in that property will be extinguished. if the new house is rented, it might be the case that your husband is preparing to leave you. which explains why he wants to move you out. however the right to residence of a wife from her husband is always there. should you have any questions please feel free to contact me.

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