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Remedy as husband filing for divorce & can husband ask wife to leave house in india ?


29-May-2024 (In Divorce Law)
My husband is talking of divorce.. I don't want one. He is asking me to leave the house but I am not moving out. We are staying in separate rooms. I am contributing towards home expenses. can husband throw wife out of house or can he stop financially supporting me and my son. I am Indian and working . We have properties in joint names. Do we have equal rights in the properties even after marriage. We are not living as normal couples but I am still in love with him.
Answers (6)

Answer #1
59 votes

In India, a husband cannot legally force his wife to leave the marital home, even if the property is solely in his name. Under the Protection of Women from Domestic Violence Act, 2005, a wife has the right to reside in the shared household, and she cannot be evicted without a court order. Both spouses have the legal right to occupy the marital home, and if a husband wants his wife to leave, he must seek legal remedies such as divorce or separation, where the court may grant an order for exclusive occupancy.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
527 votes
Hello Mam your husband can not force you to leave the house. He can not even get divorce easily. Since you have property in joint names therefore he can not evict you or take your share out of it. You can file the case of domestic violence and get residence and protection order from the court. You can also claim maintenance from your husband as ur right enshrined in Section 125 of Criminal Procedure Code.
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Answer #3
733 votes
Don’t worry u have lot of legal remidies in your favour. He can not force u to go out of the house. Even you have equal right in each and Every thing of your husband. U have legal right to live in your house. No one through u out from here.
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Advocate Lalit Goyat

Adv. Lalit Goyat

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Answer #4
590 votes
tHE PROPERTIES IN JOINT NAME WILL STAY IN JOINT NAME DESPITE DIVORCE BUT STILL IF YOU MOVE TOWARDS DIVORCE IT BETTER YOU SPLIT THE PROPERTIES SO THAT NO FURTHER LITIGATION PURSUES. HE CAN STOP FINANCIALLY SUPPORTING YOU IF YOU CAN EARN ON YOUR OWN BUT HE WILL STILL HAVE TO PROVIDE THE EXPENSES FOR SON TILL HE BECOMES 18 NO HE CANNOT FORCE YOU OUT YOU CAN ALWAYS APPROACH COURT TO GET BACK INTO HOME IF HE USES FORCE.
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Advocate Pratik Duhan

Adv. Pratik Duhan

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Answer #5
596 votes
it not easy for huband to get divorce if wife does not want to give divorce to her huband . it is the duty of husband to maintain his wife and child. if any property in your name it will be your whether marry again or not. huband cannot push out of the house in which wife is living
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Advocate Salim Shahzada Khan

Adv. Salim Shahzada Khan

LawRatoGurgaon / Gurugram | 25+ Answers
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Answer #6
771 votes
He can’t throw you out of the house even if you’re not a joint owner. Your husband is legally bound to maintain you and your son but if he isn’t, then we can file a maintenance case for the same. Your husband can’t even divorce you if you don’t want to. One piece of advice is that you don’t leave the possession of the house in any manner.
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Advocate Milind Modi

Adv. Milind Modi

LawRatoGurgaon / Gurugram | 50+ Answers
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