Legal Question in Family Law in India

Remedies of deserted women

You are entitled to demand back the entire dowry articles as also all the gifts and shaguns you received from your husband and his relatives - this all constitute your "istridhan". If your husband and his relatives refuse to return your "istridhan", after you demanded the same back from him/them, you can file a complaint under Section 406 read with Section 498-A of the Indian Penal Code.

A separated girl is entitled to maintenance from her husband under the provisions of HAMA. If any proceedings are instituted by the husband seeking divorce or any other relief like "judicial separation" or "restitution of conjugal rights", she can file an application under Section 24 of the HMA seeking maintenance.

You are also entitled to protection under the provisions of Domestic Violence Act.

A separated woman, even after divorce, is entitled to maintenance from her husband such amount as is sufficient for her living in accordance with the standard of living of the husband - the standard which he was maintaining at the time of separation.

A divorced wife remains a "wife" for the purposes of maintenance till she remarries.