Legal Question in Family Law in India

If husabnd and wife both stayed together for 2yrs (along with in-laws) in a house which belongs to MIL of wife. But husband and his family harased the wife and thrown her out of the house . As the cases are runing in the court (125 and DV and 498A) thus husaband wants to compromise but insisting for Rented accomodation.

Q1-Can wife ask for residence (under DV) in the same house where she last reside even if it belong to MIL ?

Q2-If wife starts working then wud she still be entitled to claim residence from her husband?

Q3- Can wife stop her MIL from selling that property as its her matrimonal house?


Asked on 10/21/10, 4:17 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

1. No, the house must belong to husband or husband must have share in it.

2. yes, she still wud be entitled.

3. No. you have no locus, if the house belongs to MIL

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Answered on 10/21/10, 10:32 am


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