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Right in metrimonial house of a working women at the time of divorce
10-Nov-2023 (In Divorce Law)
I m Hindu and living in my metrimonial house with my daughter for last 6 years ,my husband has left us and blamed me for bad character ,for this I filed a defamation case against him and also maintenance case in behalf of my daughter, I m working , earning 50,000 approx ,do I and my daughter have right to live in this house during our life time?
in this regard, i would like to advice you that you and your daughter certainly have a right to reside in the shared household and is further have right to be maintained in the commensurate status which the parties are accustomed too. Besides the fact that you are earning, same does not preclude you and your minor daughter to claim maintenance from your husband. The house you might be residing comes under the purview of Section 2 (s) of the PWDV Act, 2005. Therefore, approach the MM court of your jurisdiction to seek protection orders from the MM Court and sorry to say that the step of asking for maintenance under Section 125 CrPC, 1973 was wrong on your part. First you should have secured your residence thereby seeking protection qua yourself and your daughter from the MM Court. For further queries, please contact.
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Adv. Ujjwal Jain
Delhi | 200+ Answers
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