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Hi, My husband and I do not have good marital relationship, but we have been staying together for ki
20-Apr-2023 (In Family Law)
Hi, My husband and I do not have good marital relationship, but we have been staying together for kids. Of late he has brutally abused me physically. The marriage is 10 years old and we have 2 kids 5 and 7 years old. My husband, me and kids stay seperately from in-laws. Now he is asking me to find an alternate accommodation. He expects me to take care of expenses of that house. Also he wants to keep kids with himself for most of the days and wants to shift to my in- law's house. He said he will let me keep kids for few days in a month, provided I stay near to his in-laws house.Can he ask me to leave and shift to another house? Also how can he dictate his terms about custody of kids?nWhat are my legal rights? How should I approach this? Should I go and complain to police or mahila thana? I am highly stressed because of his torture.
You have got all the residential legal rights to live in your matrimonial home. No one can force you to go out of your own house. And if the behaviour of your husband is intolerable towards you then you can always file a complaint in writing to the CAW of your area. And if the situation is uncontrollable then you must file a Domestic Violence under section 12 DV Act and claim monthly maintenance for yourself as well as for your children. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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hello mam the way your husband is trying to dictate is not right in any way . in other words aa per law he can not ask you to leave the house been a married couple your living standards are hi respomsibiliy after marriage . as far as child custudy is concern in tht case your bith childs atr below 8 years so he can not get tge custdy of the childs do not worry your legal righg are on your side he can not do like this you an approch court for justice in your matter.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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No husband has a right to separate from his wife unless he can prove genuine differences between him and his wife. As per law, the husband has all the responsibility to maintain his wife as well as children, if any, and therefore, he can not just ask you to leave your matrimonial home and if he does so he will be in trouble as per law.
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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Hello, with reference to your question
i would suggest that u need to file a case of maintenance and domestic violence. for that you need to file a police complaint also for the violence done with you by your husband. u can also say it a harassment
i would suggest that u need to file a case of maintenance and domestic violence. for that you need to file a police complaint also for the violence done with you by your husband. u can also say it a harassment
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Adv. Mukul Goel
Delhi | 25+ Answers
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The best recourse is to stay in the matrimonial home as it is your lawful right and he might have been advised to keep you out of matrimonial home to show separation to claim divorce. To protect these rights, approach the Mahila court or civil court under section 12 Pwdv act or 26 Pwdv act. Seek residential right, protection order from the court w.r.t custody children are big enough to state whom they want to live with. Filing a police complaint won't serve the purpose alin urgency as it may take 3 months for FIR to be registered as it has to go through CAW cell first.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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