Even if husband is unemployed he has to maintain his wife and child

2) court will direct husband to pay maintenance

3) it is your husband responsibility to prove you accommodation

4) you cannot claim right to stay in FIL house

5) file application for maintenance under section 125 cr pc for yourself and child

1.If husband is physically and mentally fit then unemployment of husband is no excuse to avoid maintenance.

2. Wife ahs no right of sahre in the property of husband.However if any house is owned by husband then she has right of residence therein as per provision of PWDV Act.

3.Since you have child try to resolve the dispute with wife amicably. Stay with her separately for sometime to sort out the differences.

Hello Ma'am

I my opinion

1. you should contest the case of divorce file by you husband.

2. File a RCR section 9 petition to have your rights in your in-laws house.

3. File section 125 crpc to take maintenance of your self and your child.

Prove that you are not able to maintain yourself and child. It is liability of your husband to maintain you and your child. There is no problem that he is not earning anything by himself but having a handsome income from commercial rentals.

Do not worry , law will help you to regain your rights as wife.

Hope I am helpful.

File a petition for restitution of conjugal rights since you have been abandoned and deserted by your husband and in-laws.

As regards to seeking entry in-laws/Matrimonial house, take recourse to domestic violence act. File a Complaint under the Domestic Violence Act and seek right to residence in the Matrimonial home.

Nobody can Force you to give consent before the court for mutual consent divorce. At any time before the court grants you divorce, you may withdraw your consent.

If it is your father in law self acquired property your husband has no share in his property

2) you can refuse to vacate your father in law house

3) let him obtain court orders in this regard

4) you can withdraw your consent for mutual consent divorce

To immediately seek entry in the father in-law's house, move a Complaint under Domestic Violence Act.

Husband is entitled to a share in his Father's property.

Court will not grant you divorce by mutual consent divorce if you say before court that you're not ready for divorce. You'll get a chance to say this before the court.

1. You can file maintenance under section 125 of crpc before a court of law.

2. The husband is liable for equal share in the property if the property is ancestral property.

3. Once you are divorced you cannot stay in your in law's.

4. You are entitled for your husband's property but you are not entitled for your in law's property.

Hope my reply helps you.

Hi

Hindu Adoption and maintenance Act 1956 gives the provision for the wife whose husband is not able to maintenance his wife, that the wife be maintained by her in-laws .

please refer " Avtar Singh v. Jasbir Singh, RSA No. 29/1988 " of Punjab and Haryana High Court where the court ordered the maintenance to be done by in-laws when husband is mentally disable, also one fourth part of the property was given.

few lines from that order would encourage you..... In passing his judgment, Justice Paramjeet Singh noted “In such a situation, the wife should be deemed to be dependent upon the father-in-law and entitled to maintenance as provided under Section 19 of the Hindu Adoptions and Maintenance Act.”

Since your husband is mentally disabled, you have right to claim Maintenance from your Father in law. You can also file Domestic Voilence Case against your father in law. You have right to live in your father in law house free of cost.

If you dis agree to give mutual consent, your husband will not get divorce.

You can file maintenance petition against your in-laws, by which court can order for the monthly payment. On the other hand you can also file complaint of domestic violence under which court can give you order for the residence and monthly maintenance at in-laws.

No need to worry, if you disagree to divorce by mutual consent. Court will never appreciate this kind of divorce.

Hi, since your husband is mentally disabled you can ask for maintanace from the in laws .. They cannot forcefully evict you from the house .. If they do so call the police and register a FIR ..2) the court cannot force you to take mutual divorce

Respected mam...

mam court does't consider that weather your husband is mental disabled or not it is your legal duty to maintain his wife ...and when she is living sepretly it is the duty of husband to maintain her as the same which she deserve as she be with hin...mam you just have to do one thing just focus on one thing just ask your husband to maintain you and file a petition under section 125 of crpc and as said by you that your father in law will vacte his house your husband will too be out of his house so in simple words ...apne husband ko pkde rho sara kam uski family khud kregi ,...na to vo usko bhar krenge or na apko...

just try this thing ...

and file a petition under section 9 of HMA to go to inlaws house the court will help you by passing order in your favour...

Thanku

1-Housing:-

Now Father in law says that this is my home you have no right to come here.

By force they also file an application in court for mutual divorce but I don't want divorce.

Father in law can refuse to give any money towards maintenance and he may even not allow you to get into his house, however you have rights to reside in your matrimonial home and if that is the matrimonial home, you can very well force your entry inside and stay there, inhabit there itself, till the time your husband arranges for a separate home to you and allots you money for maintenance.

2:- Since last 7 years I live in Father in laws home with my husband all the expenses bear by family.

In that case how survival of women is possible.

You can even now live in that same house by force, take the help of police if they refuse to allow you inside because you have rights in matrimonial home towards residence.

3:- I also have a child of 5 years.

You can seek maintenance for your child also.

4:-More than one year is going I live in my mother's home.

I hope a best solution for the above problem.

You can file a DV case seeking protection, maintenance and residential rights.

1:-My husband is mentally disabled then how is it possible that he can arrange accommodation & other expenses.

Then if he is living in that house, you can rightfully occupy that house since that is your matrimonial home.

2:-My father in law have legal right that forcefully vacate that house if I am living since a long time in same situations.

You can lodge a criminal complaint against him for tortures and mental as well physical cruelties.

3:- I want to know if my father in law can't give share in property to my husband in that case what can I do for my survival.

You cannot claim a share in your father in law's property as a right.

4:- My husband is mentally disabled he can't understand these family matters(good or bad) can I claim anything on behalf of my husband he is not able to do anything like that.

You can remain in that house where he is living and seek the help of mediators to solve the current crisis, because legally you may not get any proper support or help.

5:- I only want to live in my Father in law house as I am living since for a long period but after the mutual divorce application he is not agree for that.

Then you go and start living in that house once again.

6:-What the court decided if I dis agree to give divorce by mutual. After that where I live what the court decide.

If the court dismisses his divorce case then you may live in his house as a legally married wife to him

Even if the husband is not earning something then also it is his duty to provide you maintenance, immediately file a suit for maintenance u/s 125 of the Cr.P.C.