Legal Question in Family Law in India

Hindu Marriage Act`

there are Husband & wife married under Hindu Marrige Act. The flat where they are currently residing is in the name of husband but her husband is now having affair with another women and now he is trying to sell this flat where all are residing to run away from her wife with two children My question is whether husband can sell the flat which is in his name. What is the right of wife on this flat (except adultery and bigamy)


Asked on 5/02/07, 3:49 am

5 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: Hindu Marriage Act`

You may file a suit of injunction thereby restraining the husband from selling the house from competent court of law as under the law husband is bound to provide shelter to the wife.

Read more
Answered on 5/02/07, 10:34 am

Re: Hindu Marriage Act`

Wife may file a suit for injunction but since the husband is the owner, he can sell the property.Under the destitute woman Act wife can claim right in the property on the ground that the same is her matrimonial house and she has no place to live and can ask injunction restraining the husband from selling the property.

Read more
Answered on 5/02/07, 12:57 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Hindu Marriage Act`

Yes, u can seek restraining order against owner of the house.

You are entitled to live in the house till at least the marriage survives; and if he seeks divorce, u can claim alimony and a share in the house.

If there is any immediate danger of being dispossessed, u can approach authorities under the Domestic Violence Act 2005.

Read more
Answered on 5/02/07, 2:04 pm
G. M. Gupta gmguptaandassociates

Re: Hindu Marriage Act`

you have various protections from indian law

from the timebeing file injunction suit for restraining ur husband from selling the house/flat

Read more
Answered on 5/02/07, 3:10 pm
Vishwa Arya Arya & Co.

Re: Hindu Marriage Act`

move an application under the new law, prevention of women from domestic violence act

Read more
Answered on 5/05/07, 3:23 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India