• Can I live in matrimonial house with my daughters?

My father-in-law is filthy and his behaviour with me and my daughter is very vulgar and bad. Being a senior citizen he always find excuses for his vulgar behaviour. We raised voice about his vulger bahavior. Firstly my husband was with us but when my father-in-law threatened him to evit from his property, my husband behavior is also changed. He has started torturing and harrassing me and my daughters in many ways. every month or two my father-in-law giving false complaint against me to police that I am abusing him being a senior citizen. My husband stands behind him. Now my father-in-law is giving him advise to leave me and my daughters. If not, my husband will be debard from his property.

They are trying me to throw me out of my matrimonial house along with my two daughters. My husband had left the house and staying in a house of rent. I cannot go with him because of lack of trust on him. I am a house wife.

The house where we live is in his name but my husband is paying house loan for it. Can I stay in his house ?
Asked 8 years ago in Family Law
Religion: Hindu

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18 Answers

Hello,

Yes you can stay in that house, but it is advised that you move in with your husband and live with your husband; start living with him to gain the trues there is no point in living with father in law who is abusing you and your daughter.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

File a petition under the Domestic Violence Act and seek your right of shelter in the shared domestic household. You cannot be denied of your right of residence in the shared domestic household. Moreover, also report in the same Complaint the matter of vulgar and rude behavior of your father in law.

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
320 Consultations

1)you can claim right to stay in matrimonial home only if it is owned by your husband

2) you can file DV case claim alternative accommodation from husband , maintenance , compensation for mental torture undergone by you

3) if you file suit and seek injunction restraining sale of the house , right to stay you would not get any reliefs

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

You can file a case for domestic violence against your in laws.. If you evict the house there are chances that they will not let you in.. It is up to you whether you want to stay here and pursue complaint or not

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1) refuse to vacate the house

2) let your FIL file suit to direct you to vacate the house

3) if husband is not paying any maintenance file application under section 125 cr pc and seek maintenance for your self and your daughter

4) you cannot force your husband to buy house for you

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

Hello,

If such is the situation you can move to your matrimonial house and even after that if he refuses to support you, you can approach the court of law for the enforcement.

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

I doub he will buy any new house for you as his intentions are very clear .. File a maintanance case under125 Crpc for monthly allowence for yourself and your daughter

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Dear Querist

Immediately file a criminal complaint against your husband and father in law before magistrate under section 12, 18,19,20,21 & 22 of Protection of Women From Domestic Violence Act-2005 and claim protection, right to residence, maintenance, child custody and compensation.

You can not demand new house for your self or for your children but you can claim right to residence in share house hold as per section 19 of act-2005.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6326 Answers
302 Consultations

1. You shall have to lodge a police complaint against your father in law and husband alleging that they are harassing you for dowry and failing to get the dowry, they want you to be divorced from your husband and evicted from your matrimonial house standing in the name of your fathger in law for which your husband has taken up a rented house to first drag you to that house and then abandon you.

2. You must specifically mention that your husband has taken up a residence on rent for the purpose of evicting you from your matrimonial house only and not for any other purpose. Ask for police protection also from your father in law.

3. Thereafter if you find that police is not taking any action, you can file a writ petition before the High Court against police inaction praying for relief and direction upon the police to give you adequate protection.

4. Additionally, you can also file a DV case and seek maintenance from your husband for maintaining you and your kids.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

1. You can stay at your matrimonial house for as long as you wish since your husband's taking up new rented house is for tactfully evicting you from his father's house.

2. After you shift to your father's house, he will come back to his father's house and stop your returning there by force.

3. Never leave your father in law's house in your own interest.

4. File 498A complaint, DV case and also application for maintenance as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

They are trying me to throw me out of my matrimonial house along with my two daughters. My husband had left the house and staying in a house of rent. I cannot go with him because of lack of trust on him. I am a house wife.

The house where we live is in his name but my husband is paying house loan for it. Can I stay in his house ?

Since this was the house shown to you as your matrimonial home and ever since you have been living in the same house, you have full rights to stay in your matrimonial home, if your husband denies this to be your matrimonial home, you can ask him to provide an alternate accommodation.

You have residential rights in your matrimonial home.

If your FIL is excess in his behavior, you may lodge a criminal complaint against him for sexual tortures.

You may also file a DV case agaisnt him for this kind of tortures.

T Kalaiselvan
Advocate, Vellore
89072 Answers
2429 Consultations

I do not have trust on my husband because he is giving support to his father's behavior only keeping eye on his house. Living in rental house is only his drama. He has also stopped giving me money for kirana, milk, vegetables, tuition fees, rickshaw/van fees for children. He already told me that he will shift me to the house of rent and he will come back to his fathers house because he is the only son and that's why he is the only heir. He can leave family (me and my daughters) but cannot leave his father. My daughter is in 10 standard and because of mental torture, can't concentrate on study. Can I ask him to buy a new house for me. Till that time can I stay at my matrimonial house.

You can file a maintenance case under section 125 cr.p.c. agaisnt your husband and also file a DV case against him by including your father in law also

You can claim protection, residential rights and interim maintenance in the DV case for both you and your daughter.

T Kalaiselvan
Advocate, Vellore
89072 Answers
2429 Consultations

1. Go to the nearest police station to file a criminal complaint against your father-in-law.

2. Apart from the criminal complaint, also file a DV case under section 12 against your in-laws to seek right to residence in the shared household and protection order. Protection order, if passed by the court and breached by your father-in-law, can result in his criminal prosecution.

3. You can also seek alternate accommodation from your husband at his expenditure, apart from claiming maintenance.

Ashish Davessar
Advocate, Jaipur
30830 Answers
976 Consultations

What do you want?

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
320 Consultations

Contested divorce cases take 5 years to be disposed of

2) contest the divorce proceedings

3) if FIL files false complaint before senior citizen tribunal draw attention of tribunal to FIR lodged against him and husband under section 498A of IPC

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

You would need court orders to recover maintenance amount from your husband

2) govt would not deduct 50 per cent of husband salary and pay you the said amount without court orders

Ajay Sethi
Advocate, Mumbai
98874 Answers
8043 Consultations

aa

Vibhanshu Srivastava
Advocate, Lucknow
9736 Answers
320 Consultations

that request can not be made to the office, only the court under section 125 petition can do so, but anyways you can intimate his department that a criminal case is pending against him

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

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