Legal action against husband for domestic violence and child custody


I’m a Hindu married for 17 years have two daughters .. my husband is violent towards me and kids physically and emotionally and on medication for anger management and unstable mind I have the prescriptions .. we have a joint flat in Gurgaon which he has rented out against my will and pledged it for a loan for ten years made me forcibly sign the documents .. can I ask the Tenents to leave and what action can I take or can I ask for half of the rent for child support or claim half of the loan amount ..I have a domestic violence and abduction case registered against my alcoholic husband and his parents who don’t want a girl child with police.. do my daughters hav rights in his self acquired property and ancestral .. does the wife hav a 50% share in ancestral and self acquired property if my husband says that I don’t have an income of my own he will take away the child custody is that true ???

Answers (3)


287 votes

Dear client,
As you said you have file case of domestic violence then proceed it. And your daughter have right to ancestral property but her father self acquired property during his life time they cannot claim. And about child custody the mother usually gets custody of minor child and the court gives their decision on child custody based on various aspects that deal with the welfare of child.


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85 votes

your matter is for domestic violence wherein you can get right on property to reside/accommodation and maintenance cost under one case. so first you file a domestic violence case against your husband, court will assure you to get the desired rights from your husband.

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If you are joint owner of the flat you can ask tenant to share rent equally between you and your husband. Although it depends upon the lease deed/rent deed clauses.
For claiming maintenance of yourself and your children file a maintenance suit under section 125 CRPC.
You can ask tenant to vacate the house. you can sent legal notice to the tenant for vacating the flat.
Your daughters have legal rights over the property of their father.
The wife can claim maintenance but not share in the property. The wife can claim right to live also in the house owned by the husband and several other rights under the domestic violence act.
The custody of children is dependent on many factors. children will is very important.
Better to discuss in person with an advocate with complete facts and to protect your legal righta.

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