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Can husbands family throw me out of their house ?
25-Nov-2023 (In Family Law)
In laws having 3 floor. In one floor out of 3 room I am locking 2 rooms and kitchen as they harassing me from 1 year I have filed domestic violence, dowry and cruelty cases against in laws husband and her sister who is fighting in court from last 7 years against her husband . They want to throw me out from home as house belongs to mother in law. Following concerns Can they throw me out from their home Secondly my husband is earning 2 lakh per month although I am earning only 25 thousand per month should I get the maintenance from him or not
1. A wife has the right to reside in the matrimonial household where her husband resides, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house, so they can not throw you out without any court's order.
2. A wife has the right to live her life with dignity and to have the same lifestyle that her husbands and in-laws have. She also has the right to be free of mental and physical torture.
3. though you are earning but have a right to claim maintenance (The Hindu Adoption And Maintenance Act).
2. A wife has the right to live her life with dignity and to have the same lifestyle that her husbands and in-laws have. She also has the right to be free of mental and physical torture.
3. though you are earning but have a right to claim maintenance (The Hindu Adoption And Maintenance Act).
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Adv. Tulasa Neupane
Delhi | 25+ Answers
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You have all the rights to stay in your matrimonial home and they have no right to throw you out of that house as it is your matrimonial house. the case which you have already filed, you can ask for restitution orders and file application under various sections of DV act to restrain them from evicting you or even entering the zone , in which you are currently residing.
Ask your lawyer to file the same , or you can share the details , so that we can proceed with the same.
Ask your lawyer to file the same , or you can share the details , so that we can proceed with the same.
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Adv. Tanu Singhal
Delhi | 25+ Answers
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Yes you can claim maintenance from your husband and if there is any child from this wedlock and whose custody is with then you can also claim maintenance also for him/her.
And rest about the house. For that purpose you may file a civil suit for partition.
And rest about the house. For that purpose you may file a civil suit for partition.
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Adv. Deepak Jangra
Delhi | 25+ Answers
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yes, you can file a maintenance petition against your husband, your question is not clear many relevant things are missing, so if you want proper advice then you can contact me because without knowing proper details i can not advice properly.
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Adv. Nitin Kumar Jain
Delhi | 100+ Answers
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