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Binod Kr. (Group C)     20 November 2019

Can a wife live separate from her abusive husband?

Can a wife with two children (Boy: 6 years, Girl, 3 years) live separately from her husband who abuse her mentally and physically? The husband is having an extra marital affair with another married woman for past 4 years. The husband doesn't let the wife go outside the house perimeter of his. He drink and beat the wife but doesn't let the wife free. What can the abused wife do in this situation if she doesn't want divorce for now. The wants to go to her mother's house to stay for some months or years. If this is possible by law can he take her children with her? What can her husband do?


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 5 Replies

Real Soul.... (LEGAL)     20 November 2019

yes if she feels mental torture she must be away from to protect her metal peace.If he is not comming to snces let her give befitting reply.But take some help from elders and prevail upon him and keep the evidance for the crulities she is suffering...

Dr J C Vashista (Advocate)     22 November 2019

Yes, she can stay away with children and seek maintenance from husband/ father of children.

Wife may seek judicial separation.

What is your concern/ locus standie in this query??

It is advisable to consult a local prudent lawyer for proper appreciation of facts/documents, guidance and proceeding.

Binod Kr. (Group C)     22 November 2019

Dr. J C Vashishta Sir,

As a quick relief she just wants to move out of that house with her children and live in her mother's home for some months. There she can think whether to file for divorce or get judicial separation. 

She doesn't want any maintenance from her husband. All the main expenses like medical bills, clothes, education, etc of her comes from her mother's side. Her husband do nothing. He wants her to stay home all the time. No study, no shopping, no jobs, etc. And now this extra marital affair. It's been 9 years of torturous marriage. 

So the question is can her husband stop her leaving his house by law? Because when she reported domestic violence and asked for help in 'Mahila Thana' they told her to go back to her husband and report again when he beats her next time.

Sudhir Kumar, Advocate (Advocate)     23 November 2019

what is the doubt.

P. Venu (Advocate)     26 November 2019

The best option is to proceed under the Domestic Violence Act.


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