Right of residence

Now you have not come out with complete facts and there should be a reason as to why he is telling you to get out of the house , am i right ?

Until and unless the entire will is read nothing can be said about the same . A will would come into existence only after his death . Till he is a alive  you have the right to stay with your husband under right to residence laws of the fairer s*x .Only after his death your RTR ceases if any order has been passed by the court and than  you are at the mercy of your own son and daughter and should you Misbehave with them they can very well throw you out of the house.

yes the house is a self acquired property and the reason for my husband asking me to leave the house is- my husband  is having extra-martial affair from last one year and he is putting pressure on me to give the divorce and leave the house. i am not willing to give the divorce as we are having two children aged 17 and 10 years we are married since last 18 years and we have never faced any problem in are married life but from last one year my husband has changed a lot, he has stopped giving me money for daily household activities. please help how to deal in this situation and what should i do.

You should consult a lawyer and file for maintanence u/s HMA 24 or CRPC 125 provided that you dont have any source of  sufficient means to sustain yourself . Dont bother about your husband telling you to leave the house ,just tell him do what ever he wants and you are not going to move out ,let him go to the police or to the court and you will answer over there :-) . He cant throw you out of the house even if he owns the same .One thing you are not stating as to how the kids are sustaining themselves with whom they are are living etc . 

Jhanse ke Ranee will guide you on the Right to residence factor as she is well versed on the concerned subject .

Right suggestion given by Stanley.

1. Advice to hire via reference locally an Advocate.

2. Via him file Complaint under DV Act to seek protection Order for right to residence stating factual facts. If you manage to get it allow the property in question will be partitioned to extent of your living – eating – common usage areas and his similar areas which is what happens once one invoke such provisions. If you are housewife you may seek maintenance under same provisions.

3. With following para 2 the couples journey to divorce may begin - happen. Unless you have proof of intimacy – closeness and not necessary direct proof of other women in his life mere hint as fact in above Complaint case and or for that matter in future if you opt for Divorce suit it may not help establishing mental cruelty. Hence work on gathering  intimacy – closeness which your Advocate may suggest how to during Chamber discussions.

4. Self acquired property of his can be Willed during his lifetime to whomsoever he mentions and the Will should have been made as per Law. Discuss content of Will with hired Advocate in person. 

i am against the divorce for the sake of kids. please suggest

Then in that case;

-       stick to right to residence and co-extensive maintenance for children under DV Act.

-      stick to not conceding to divorce come what may come if ever he files.

-      collect reasonable evidences of his extra marital affairs.

-      Opt for marriage counselors few sittings to re-learn how to grow closeness with growing –up children and earn their respect towards their natural mother instead of they also alienating you listening to one side versions of natural father.

-      Talk to other woman in his life especially her elders and cause upon her indirect social pressures so that she leaves your husband.

-    right to residence is only granted under DVA ct and in such long marriages with extra marital angles that is the only way to subsist a live marriage for sake of growing-up children.  

Etc. etc.

Limited way-in(s) you have if you don’t want divorce for the sake of children.

Do what Tajobindia is advicing.

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Originally posted by : stanley
	Jhanse ke Ranee will guide you on the Right to residence factor as she is well versed on the concerned subject .

Very good Stanely that you still like to mention my name ...I am honoured...

:P

@ jhansi ke ranee 

Please dont fall in love with me 

@ Manisha 

I back up Tajob's Advise . Divorce is not so easily granted there are some grounds for it and the same has to be proved . If you dont want Divorce dont give it as simple .

On passer-by's observation, Its very unlikely that a man wil kick his wife after 18 yrs; for a new lady AND SIMULTANEOUSLY WILLING TO KEEP BOTH GROWN UP CHILDREN WITH HIM!

So reality may be something else till we haer husband's version! Most of the times its just opposite which is stated here.

is it possible for the court to give a decision in favour of my husband for divorce (ex-parte divorce)

as he is willing for it and i am not for the sake of children.  In this case how should i proceed as my elder son (17 yrs) is against of all this.  Please post your valuable suggestions. Thanks.

Try your level best to avoid legal proceedings unless there is physical or mental abuse that is serious. Now it appears that you are not getting maintenance.   If you must, file proceedings for maintenance. Do not file DV or divorce proceedings. Advocates are looking to get business. They do not care about you or your family.  Advocates are creations of the devil himself. Take a look at some of their photographs on this site and you will be convinced. Stay away from them as much as possible. Try to keep your family together. SHow love to your husband so he does not have to look elsewhere. Re-ignite the passion in your relationship. Show your good side to him. The kinder side that he has not seen for some time.