sameer (Assistant) 09 May 2017
sameer (Assistant) 09 May 2017
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 May 2017
Right to residence – A wife has the right to reside in the matrimonial household where her husband resides, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.
as per law, married women are entitled to all articles, movable or immovable received during their marriage and can even claim maintenance. Though they may have family support or may be in immense emotional trauma, they should step forward to seek maintenance for themselves and for their child from the court. It is important for them to keep themselves apprised about the finances of their husband, including details like tax-payments, bank accounts and monthly bills,”
sameer (Assistant) 09 May 2017
Anjuru Chandra Sekhar (Advocate ) 09 May 2017
Sameer. She needs to earn income on her own and stand on her own feet. That is the issue here. You see case may go either way, husband may be punished or not punished she will remain burden on father, father in law, or husband. Save her from this dependence from male members by engaging her in some job.
sameer (Assistant) 09 May 2017
Anjuru Chandra Sekhar (Advocate ) 09 May 2017
Not under Muslim law. There is a law called Protection of Women & Children from Domestic Violence Act, 2005. It is secular law applicable to all communities. She can file a petition seeking her right to Residence at in-law's house under this act. However that place should be her matrimonial home. It would be better if she along with her husband stayed in father in law's house. It would become difficult to get favourable order from court if she stayed as nuclear family with husband away from father in law's house. But not impossible. It all depends on peculiarities of circumstances of case.
Apart from Right to Residence you can also pray for granting Protection Order under same law. It is a direction from Court to matrimonial family members not to indulge in any acts of violence and may include direction not to interfere with the privacy of petitioner etc.
sameer (Assistant) 09 May 2017
sameer (Assistant) 09 May 2017