Legal Question in Family Law in India

After a small fight my husband and in laws not allowing me to stay with them. I want to know that can I go and stay there even if they are not permitting.

My husband doesn't allow me to work nd doesn't giv me money. Always my parents has to fulfill all my needs. I want to know that can I join a job without the permission of my husband.

My in laws has taken cash as well as some furniture nd many gifts in my marrige from my parents. In front of everyone they always say we don't want anything but my mother in law always torture me by saying that ur parents has not given anything.what I should do to deal with these people.

Asked on 7/06/13, 2:37 pm

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

1. You cannot be thrown out of the house. You are right to live there without anybody's permission. If they try to abuse / harm you, you may report to the police. It will be a case of "domestic violence". You are complete protection under the law.

2. Yes, you can join a job of your choice, if your husband is not supporting you financially. You are right over your husband's income for your good living. You can also claim money from your husband's salary. If your husband refuses to give you money, that is also covered under "domestic violence".

3. You can demand return of your cash and gifts and other belongings from your in-laws because that is your "istridhan" in law. If they refuse to return your "istridhan", you may lodge a complaint against them with the local police.

You may like to read the following legal provisions to know more about your rights :

1. Prevention of Women from Domestic Violence Act, 2005.

2. Section 498-A of Indian Penal Code.

The legal provisions and their interpretation are available online. You are welcome to write us anytime for further guidance.

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Answered on 7/06/13, 7:36 pm

Aileen Marques Independent

You dont need anyone's permission to live in your house or to work. You may file a case under the provisions of Protection of women from domestic violence act 2005 for protection from violence, residence orders and monetary reliefs.

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Answered on 7/06/13, 9:05 pm

dear client u can file case under domestic violence case for residential order. once court order of residential then u can enter the house. for any legal help call me on 9422611385


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Answered on 7/07/13, 12:37 am

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