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Right to stay in matrimonial home

(Querist) 15 May 2016 This query is : Resolved 
Can daughter in law go and stay in matrimonial home which father in law claims as self acquired if husband deserts wife and kid without giving notice from a rented home in other city where both of them work. And if th the same home was in joint name with mother in law who expired prior to marriage without will
Sudhir Kumar, Advocate (Expert) 15 May 2016
right of the woman to enter matrimonial home is regardless of the title of the property.

Her father-in-law can reside in his house as long as he is not arrested. Thereafter he lives in another accommodation.
Rege Prashant (Querist) 15 May 2016
What are the options if father in law doesn't allow them to enter into the house.
P. Venu (Expert) 15 May 2016
What is the real issue?
Rege Prashant (Querist) 15 May 2016
Husband although earnings thrice as much of wife has cleaned up their joint account saying he received less due to taxes. His father controls his accounts even after marriage and the money is transferred to father 's account. He has paid the rent for this month. But wife overheard him talking whether he could stay separately
Devajyoti Barman (Expert) 15 May 2016
The wife has no right of stay if the house belongs to the father in law.
The father in law can file suit for mandatory injunction to restrain his daughter in law from his house.
If she is already there the father in law can file suit for eviction as well.
Rajendra K Goyal (Expert) 15 May 2016
If she has stayed in the House after marriage she has a claim to reside. You have said the house was joint property of father and mother in law and MIL has expired (If intestate) hence husband has inherited share in the house and wife can claim her stay.

In this case she is earning and is staying in other town presently. Would it be practical for her to shift doing service?
Kumar Doab (Expert) 15 May 2016
The wife is staying with husband in rented accommodation in another city.


The wife has not forced share in self acquired property of anyone including husband.


The share that husband has inherited can be disposed by husband in his life time as it pleases to him by a valid deed.



If at all husband and his family is contemplating separation the wife should not give up her highly paid job and rather work her way up and establish herself for financial security in life.



The wife should consult a very able and sensible counsel to appraise of her rights and options and act with a cool and balanced mind.



If possible save the marriage.


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