Legal Question in Family Law in India

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A person has a building in his name and whole family lives there. The person caught bad habit of drinking and now hell bent to sell that building. The wife survives anyhow with a 18+girl and minor boy.

Can wife check the person from selling that building? What are the rights of wife in husband's property?.S.P.Dwivedi, Allahabad(U.P.)


Asked on 4/06/12, 3:07 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

She can claim maintenance and can ask for a residential accomodation by filing a case under Domestic Violence Act

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Answered on 4/06/12, 3:19 am

If it is self owned, then she can only claim maintenance including the rent of the suitable accommodation but if it is not self owned, then she can through her children claim not only maintenance but also accommodation. However, she has independent right of residence under domestic violence act both for residence and maintenance of herself and her children.

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Answered on 4/06/12, 5:23 am


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