• Divorce for a housewife

In the event of a Mutual Divorce in India , what all is the woman of the house entitled to, more so what claim does she have on the present House which is under the husbands name, and what monthly stipend is she entitled to.
She is a House wife and does not work or earn.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. Mutual divorce is nothing but the agreement and hence the parties are at liberty to reach to any agreement they wish.
2. Since it is nothing but a mutual agreement the law of the land does not guide it but the mutual understanding of the parties lead them to conclude the agreement.
3. The wife in general circumstances is entitled to 1/3 to 1/5th income of her husband provided she has no independent source of income.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) wife can seek alimony from her husband as she is not working . 

2) she is entitled to return of her streedhan 

3) wife does not have any claim on property standing in husband name 

4) in divorce by mutual consent consent terms are prepared wherein parties agree before hand what wife would be entitled in event of divorce 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1) wife can file domestic violence case against husband and seek right to stay in matrimonial home , maintenance and other reliefs 

2) refuse to agree for divorce until husband safeguards her financial interests 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1. In the event of a mutual divorce the wife is entitled to nothing more than what her husband agrees to give to her. It is open to both the spouses to decide the terms of separation.

2. If the husband has unilaterally filed for divorce his wife can opt to contest it on merits. Unless and until the divorce is actually granted the wife cannot be evicted from the house except with court orders. If he attempts to or does throw her out from the house the latter can apply to the court to seek the right to residence. The court can restrain the husband from throwing her out.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, House wife may file a petition under demostik violence act for residence order  or shared accommodation.

2. Wife is also entitled for maintenance and quantum of maintenance is depending upon the income of the husband  and social status but there is no hard and fast rule  for fixing the maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
In the event of a Mutual Divorce in India , what all is the woman of the house entitled to, more so what claim does she have on the present House which is under the husbands name, and what monthly stipend is she entitled to.
She is a House wife and does not work or earn.
In the event of mutual divorce, a MOU containing the alimony and other terms and conditions including  giving any property to the wife should be mentioned in it properly which can be drawn in the decree too.  As  far as her entitlement in the property belonging to him, she has no rights to claim anything except she can claim residential rights that too under domestic violence act.  As far as the monthly maintenance is concerned, she has to establish his income and economic status to the claim she has made. 



If the husband has decided to file for a divorce, wife has not asked for it, and asks the woman to leave the house, what law covers her to stay in the house till husband can provide accomodation of a similar nature with a guranteed income per month, she has been a housewife for 27 years no work. what is the law of the land in this case ?
The husband cannot evict his wife so far she remains his wife especially without arranging any alternative accommodation for her with the facilities suiting to his status. 



is there any protection in the law that prevents the woman from being thrown out of the house, what level of compensation is she granted in terms of accomodation. ?
The above answer explains.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
mutual divorce petition filed only after settle the matters amicably. If the wife is not working then she can seek alimony from her husband .Quantum of maintenance is depending upon the income of the husband  and social status .Wife can contest the case on merits if the husband has decided to file for a divorce. She can also seek the right to residence if the husband forcefully evicted from her before divorce. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Dear Querist
the wife may file a complaint u/s 12 of Protection of women from domestic violence act-2005 along with section 18, 19 and 20 of the act and claim protection, right to residence and monetary relief from her husband.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If the house is in husband's name then she's entitled to 50% share in the property. She can claim protection under domestic violence act for Right to share household. She can always file for injunction as well. In that case the court would direct the husband not to throw the wife from her matrimonial home. 

Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
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