Legal Question in Family Law in India

Hi sir,

I Jyoti residing in my parents’ house with my 2 kids daughter 12yrs n son of 9yrs.My husband and mother in law throw me out from my matrimonial house in 2008 with conspiracy and had suited a divorce case in 2009. But he himself took that case back in 2011 as they didn't get any positive response from the court because of weak ground. Rs. 23000/- has been decided as alumni by the court for my but he he is paying 15000/- per month. But he and his mother do not allow to reside us with them, and threatened me to call the police if I try to enter in that house which is in the name of my mother –in –law so I have to live with my parents house. With my kids. My mother-in –law declares that my husband is not residing with her which is fake and all her neighbors are with me and ready to become a witnesses that my husband is residing with her mother for last 7yrs. Actually I heard about the law which may be going to precede that a daughter-in-law have a right in the property of mother-in-law. Is there any law on the way to be proceed. Plz suggest me that what should I do so that I can give the own shelter.

On the other hand my husband said that if he shows that there is no relation with us for 7yrs. He automatically get divorce, and he is waiting for the same.

I have no enough money to spend on legal procedures.



Asked on 5/22/13, 4:17 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

first, you may go to the office of Legal Services Authority to get rightfully, free Legal Aid for women. You may ask for a women lawyer. You do not have to pay any thing. Office of legal aid is normally located within the court compound itself. For example, in Delhi, they are located in Patiala House, Tis Hazari, Rohini, Dwarka, Saket courts. All you need is to fill a form to get the legal aid on the same day. so please do not worry that you do not have enough money to spend.

You can continue to seek opinion here also.

There is no law that if there is no relation for 7 years then one can get automatically divorce. He is misguided. If he is paying 15000, they you may file execution for remaining 8000 and include arrears also. Under the Protection of Women from Domestic Violence Act one does not get right in mother's house. House must be in husband's name. But husband is liable to pay for alternative accommodation. However it is not clear if your permanent alimony includes any amount towards rent of the house etc..

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Answered on 5/22/13, 5:02 am
shiv shakner saini saini law

YOu can ask here free . Or if u want call me for free advice 09587744142

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Answered on 5/22/13, 11:49 am

dear joyti....

we need to discuss on the topic u can call me on 09835533801 after saturday 25/5/13 any time

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Answered on 5/22/13, 6:28 pm
Rajiv Chandhok Ph: +919810050896

Husbands eplanation is wrong. Do as advised in the other query To know us better, please click on the links below:


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Answered on 5/23/13, 12:35 am

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