Husband Asking Wife To Quit His House

Asked in Family

  • Chandrashekar

    BANGALORE

Expert's Answers(4)

  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    She has absolute right to stay in the house, in fact she's a shareholder as per law.. if any disturbance, she can file a petition under "Protection of Women agaibst Domestic Violence act" (popularly DV act) , court will give protection order.. for further assistance plz book for consultation..

    January 4, 2020
  • Advocate Devpriya Shah

    New Delhi, Delhi
      6 Client Ratings

    dear client, woman can contest for maintenance in court against her husband.. she can claim alimony too.

    January 2, 2020
  • Advocate Nagalaxmi Yagnamurthy

    Hyderabad, Telangana
     

    yes she can file a case for maintenance. if it is own house she can file a case for shelter also

    January 1, 2020
  • Advocate Srinivas G D

    Bengaluru, Karnataka
      19 Client Ratings

    she can file a petition under sec 125 of CrPC for Maintenance and also for protection under Domestic Violence Act. 125. Order for maintenance of wives, children and parents. (1) If any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or 1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, *Phone* ). (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,- (a) " minor" means a person who, under the provisions of the Indian Majority Act, *Phone*of 1875 ); is deemed not to have attained his majority; (b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. (2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a

    December 31, 2019