Legal Question in Family Law in India
rights of married woman on her marital house
I would like to know if a married woman can stay at her husbands place if she has a 5yrs daughter though she had left the house for a period of one month seeking separation and wants to come back as she has got no support from her parents and is not financial secure enough to handle her child. Does she have to face laws or sign some kind of agreement in order to stay there?
2 Answers from Attorneys
Re: rights of married woman on her marital house
Every married woman who has no place to reside nor having sufficient income is entitled to claim the same from her husband as provided under hindu adoption and maintance act and also under hindu marriage act irrespective to the fact that she had filed divorce petition and sought seperation from her husband.She is not required to signn any agreement etc. as she has the right to stay in her husband's house.
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thanks.
siddharth
Re: rights of married woman on her marital house
You may file a petition to rescind the decree of judicial separation.