• During a divorce case proceedings can i stay in my matrimonial house.

Dear Sir / Man, 

My husband file a divorce petition for divorce in court u/s 13 
At present i am living in my parents home. 
I want to know can I go in my matrimonial home during the case proceedings which is in the name of my mother in law. 
I am trying to go to my matrimonial home but my in-laws threats me to get out from this home they also call police & I also called police but i can't get any relief. 
They throw me out from the home & say if you want to live in this home go to the court & get the order to live.
I visited nearest police station & SSP office but they can't hear me properly because they get bribe from my in-laws.
Is their any solution that I can go in my matrimonial house without approaching court. 

In the above conditions what can i do please help me & guide me in this regards.
Asked 1 month ago in Family Law from Aligarh, Uttar Pradesh
Religion: Hindu

You can file DV case against husband seek right to stay in matrimonial home or alternative accommodation 

 

2) if flat is standing in name of mother in law you would not be entitled to right to stay in said flat 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

Hello,

It is the duty of your husband to provide you accommodation.

They have to get order to throw you out of the premises.

Additionally, you can file a petition under 125 of the Cr.P.C. and claim maintenance from your husband and you may also claim rent in the said petition. 

Regards  

Anilesh Tewari
Advocate, New Delhi
14193 Answers
191 Consultations

5.0 on 5.0

1)Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. However both the parties should not cohabit with each other and stay in different room. 

2)  you have a right to live in your home, even if your home is only in your husband name. This is known as matrimonial home rights. 

3) you can file complaint to SP of police or Mahila police .

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

See you can file an complaint before the jurisdictional magistrate under domestic violence act and under that you can claim maintenance and residence as interim relief.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

 

Dear Madam,

It is better to file DV case against your husband and  in laws.  The following proform of  DV case is as follows:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

 

 

 

Netravathi Kalaskar
Advocate, Bangalore
1210 Answers
3 Consultations

5.0 on 5.0

1. Wife has no share in the property of husband and the same in that of her in laws as well.

2. however under PWDV Act she has right of residence in the property owned by husband which right though does not overstretch to the house belonging to her in laws.

3. So in other words you can seek legal recourse for your entry in to the house of your in laws.

4. For the atrocities done to you though, you can file case under PWDV Act or under section 498A ipc but you can forcefully enter into their house.

5. if you do not have independent income you can file case for maintenance under the said PWDV Act as well money towards alternative accommodation. 

Devajyoti Barman
Advocate, Kolkata
15387 Answers
211 Consultations

5.0 on 5.0

1) You can go in nearest police station of where your matrimonial house is located and take help of social welfare association who works for especially from the side of house-wife. one who gets trouble from in-laws and husband.

 

You have to contact first the social worker who will come with you i  police station and all you in-laws family members will be called in police station.

Ganesh Kadam
Advocate, Pune
5475 Answers
40 Consultations

4.9 on 5.0

Hi,

You may not get any relief during pendency of the court proceedings are you are suggested to take suitable orders from the court. 

Ganesh Singh
Advocate, Delhi
2072 Answers
3 Consultations

4.5 on 5.0

Azure divorce cases pending and you are not staying with your inlaws in your matrimonial house it will be really difficult to get into that house and what is the point of the divorce petition when you are living in the same house under the same roof normally it is not a possibility you have to get Restoration of conjugal right from the court in this regard and you have to put your husband to go for the matrimonial relationships and take you back to the matrimonial home

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4314 Answers
10 Consultations

4.9 on 5.0

Hello,

1) Unfortunately you cannot force your entry into the he matrimonial house in unless someone helps you physically to enter there against the resistance offered. However it can't help your case and can pose a threat to your life.

2) The best is to defend the the case and file application for maintenance right now.

3) As the matter is before the court the police cannot involve unless there's a provocation on part of your husband or in laws.

S J Mathew
Advocate, Mumbai
2365 Answers
110 Consultations

5.0 on 5.0

1. You are entitled to stay at the place where your husband is staying. 

 

2. If you have the evidence that your husband is staying with your mother in law at her house and you are not allowed to enter there, then lodge a police complaint accordingly.

 

3. If police refuses to assist you to enter in to the said house, file an application before the court where your case is being heard for alternate accommodation or direction upon the police to assit you in entyering in tpo your inlaw's place to stay therein.

 

4. You can not get relief without Court order since police is not co-operating with you.

Krishna Kishore Ganguly
Advocate, Kolkata
21205 Answers
536 Consultations

5.0 on 5.0

Until you are not restricted by an order of court, you can very well reside in your matrimonial home till you are his legally wedded wife.

You can take the help of police if they stop you from entering inside.

They cannot ask you to get court order since you are still his legally wedded wife.

You can approach the SP office directly in person and seek his intervention and direction to the local police to help and assist you with protection while entering into your matrimonial home.

 

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

Yes you can stay in your matrimonial home. They can't tell you to leave the same

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

You have fullest right to live with your husband, wherever he lives till the court verdict. No one stop you to stay with him. You can also get court order also.

G Suresh
Advocate, Chennai
327 Answers
1 Consultation

4.9 on 5.0

File application in court u/s 19 of The Protection of Women from Domestic Violence Act, 2005.

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

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