You are having options of claiming maintenance under section 125, Domestic Violence Act, Hindu Adoption and Maintenance Act.
Usually the alimony is the full and final settlement and that husband is not required to provide separate residence.
What are my rights if I go for divorce. I was in this marriage from last twenty years. During this period we invested in a house, a shop,, I am a house wife and we have a 19 year old daughter. What are my rights as maintenance.
I am a house wife I seek divorce with my husband. Our marriage is 20 years old during this period we have bought a house and a shop both are under my husband's name. We have 19 year old daughter, what are my rights what would I get as maintenance. Since I have no place to go so I would ask for house, though he is still pati gayu emi in that house. What would be my daughters right in this scenario
You are having options of claiming maintenance under section 125, Domestic Violence Act, Hindu Adoption and Maintenance Act.
Usually the alimony is the full and final settlement and that husband is not required to provide separate residence.
It is my professional duty to inform the law on divorce so that you that you can take a reasoned decision.
Divorce is not a matter of right. It is granted by court on some valid ground only.
Child custody is decided mainly on the basis of requirements for welfare of child. It may be given to either of the party.
When there is no just and valid reasons for leaving the society of other party, court even may not grant any monetary relief to the party leaving at will.
If you go for divorce, on what grounds you will be asking divorce from your husband in the court. There are various acts and laws for different issues between husband and wife.
Only asking for maintenance and daughters share that is not sufficient questions, reason behind it should also be explained by you.
Here your husband income should be come to know and his behavior towards you and daughter in the house.
You have no share on property standing in your husband name
2) you only have right to stay in matrimonial home
3) seek an injunction restraining sale of property
- You can take divorce by two way , i.e. 1. Divorce by Mutual Consent 2. Contested Divorce
- When both of you agree to dissolve a disturbed marriage , you can pursue the Indian divorce procedure with Mutual Consent.
- For mutual divorce , you both will have to appear before the Court after filing a Divorce Petition , and after recording statement both the parties , court will grant Divorce .
- Before, filing the Divorce Petition under mutual consent , you can deceide everything relating to your maintenance and residence etc.
- If, your husband is not agree for Mutual Divorce , then you will have to contest for getting Divorce.
- The grounds of divorce may be Adultery , Cruelty , Domestic Violence , Conversion to another religion , Desertion, Mental disorder , Communicable disease , Renunciation from the world .
- Since, you are houswife , hence you can file or claim for maintenance .
- Yes, you can ask for house . If , your daughter is unmarried and is unable to maintained herself , she can also claim for maintenance.
Good Luck and dont forget to rating positively.
1. If you have no independent source of income then you are entitled to 1/4th income of your husband.
2. However wife has no share in the property owned by husband unless and until the property is jointly purchased in the name of both husband and wife.
3. Wife has right of residence or rent for it under the provision of PWDV Act.
4. So meet an advocate and take the legal route if amicable settlement is no more possible.
You have rights of maintenance and alimony. You also have residence rights as well under domestic violence act
You will get one third amount of your husband income per month as maintenance.
If your daughter is not working then she can file maintenance under section 20 of act.
You can file domestic violence petition in that under section 19 you can get accommodation in that house also where you lived with your husband
as a wife you have all the right to get maintenance from your husband office purpose you have to file a maintenance petition under section 125 CRPC so far as the properties are concerned you have equal share please done your payment and the properties will be divided for your share for this purpose you have to claim the title of the property if the property is not in your name as well.
please note that the father is responsible for the maintenance of the girl child and her education including the marriage Till the age she is not married to there is no age limit in this regard the age limit is required only in case of male child where father can say that he is adult and he is not liable for any maintenance
Dear Querist
Being the legally wedded wife, you have a right to get maintenance which can be 1/3 of the income of your husband, you may file a maintenance case against him under section 125 of Criminal Procedure Code-1973, even your daughter may also file a maintenance case against him under section 20 of Hindu Adoption and Maintenance Act.
being a legally wedded wife you have a right to reside in the matrimonial share household and nobody can evict you without due procedure of law. the property is in the name of your husband so you have a right to live there till your life or until your remarry as per section 19 of the Protection of Women from Domestic Violence Act-2005.
Your daughter may claim the maintenance, right to residence, marriage expenses, expenses for study etc.
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Dear Madam,
Yes, you and your daughter having every right to have maintenance from your husband.
Wife have no right in husband property and during marriage only she can claim right to residence in husband property. Divorce wife is entitle to maintenance or one time alimony for both.
If investment made jointly than you have claim acc. to contribution made by you.
Daughter can claim residence (rent or permanent depends on father) to live till she remarries and maintenance.
BY mutual settlement you can claim separate accommodation.
Dear
If file divorce then you will have right to get monthly maintenance from your husband.
If your daughter will live with you she can also claim maintenance from her father till her marriage.
If you have proof that you invested some of your money for buying the house and shop then you can claim share from those properties.
You daughter cannot claim any property till life time of your husband or he can dispose the property and deny giving any property to your daughter.
If the house property or the shop are purchased in the joint names, then you have half share in it as a right.
If it was bought on your husband's name alone, then you may have to be satisfied with the maintenance amount alone for you and for your daughter.
You can claim expenses for your daughter's education additionally.
Besides maintenance amount you can claim residence in that house being this your matrimonial home.
Whatever worth it may be, you may file a suit seeking partition of the property, though it may not be maintainable you may allow the court to decide about it but the pressure will be built on him due to this, which may help you to bring him to negotiations, a situation beneficial to you.