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
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.
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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
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
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 .
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.
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. 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.
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.
Hi,
You may not get any relief during pendency of the court proceedings are you are suggested to take suitable orders from the court.
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
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.
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.
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.
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.
File application in court u/s 19 of The Protection of Women from Domestic Violence Act, 2005.