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What legal steps married Indian women can take if she is wrongfully kicked out of her matrimonial home?

  • Suppose a women is not harassed for dowry or no one physically hits her, but if husband or in-laws keep bullying her or mentally harass her in other ways, like lay unreasonable rules on her failing which she is either kicked out of house or threatened to kick out then can it be considered cruelty or legal offence in India. And if yes, can the law force the husband to take the wife back in his home? I want to know that if a husband or in-laws kick the wife or daughter-in-law out of her matrimonial house and that too all alone, without money to travel to her parents' place, or during mid-night or at evening or night time in a situation where women has no where to go or her parents place is far away, then is it legal offense in India or not? And I also want to know that if husband or in-laws ask the wife or daughter-in-law to move out of her matrimonial home or send her to parents place and refuse to take her in without any fault of her, then can it be considered legal offense in India? Also, is threatening the wife or daughter-in-law continuously to kick her out of her matrimonial house & or threatening to send her back to her parents house if she don't behave according to their wishes, then is it legal offense in India or not? Or threatening to call her parents or actually calling them and force them to come and take their daughter back then can it be considered legal offence in India? For eg: if some heated arguments happen btw husband-wife or in-laws-daughter-in-law and in-laws or husband push her out of matrimonial house out of anger, that too overnight or suddenly while she might have nowhere to go or her parents place is faraway. or lets take another eg: if women fail to meet any demand of husband/in-laws or fail to follow rules laid on her, eg: she wakes up at 6 am instead of 5 am in morning and out of anger mother-in-law decide to kick her out, or say husband or in-laws grow sudden dislike for her and want her out, so basically my question is, isn't it illegal to kick the wife/dil out or her matrimonial house suddenly or constantly threatening to KICK HER OUT If husband wants divorce from wife, then what is the ideal legal procedure to make the wife move out of house, and what if the house belongs to his parents? In many cases, wives or daughter-in-laws are brutally kicked out of house if she fails to please husband and in-laws, why isn't there any law to protect such women. If husband or in-laws refuse to take her in without any fault of her and force her to stay at her parents place or stay seperate then is there any law to protect such women? And what if women has nowhere to go, i.e. her parents & or siblings also don't let her stay with them then what & where do such women go? if a women is kicked out, at that time what she can do? can she go to nearest police station and take help or her complaint wouldn't be heard? can police or court force the husband to take her back in his house & ask him to legally file divorce incase is he don't want to live with her. WHAT IF WOMEN WANTS TO GO BACK TO HER HUSBAND AT HER MATRIMONIAL HOUSE & SAVE HER MARRIAGE BUT HUSBAND OR IN-LAWS DON'T LET HER ENTER HER MATRIMONIAL HOUSE? What legal steps can she take in such case and can court order husband to take the wife back in his house Pls only answer with Indian perspective

  • Answer:

    Firstly, I would like to make one thing clear. Offence can never be legal. (You have asked on so many points, is it legal offence?) As far as question regarding protection to a woman who is kicked out of matrimonial house is concerned, certainly, she can lodge F. I. R. against the husband and relatives who kicked her out. Even Court can order the husband to make provision of the residence of wife in the matrimonial home or at any other place. As per Indian laws, there is sufficient protection (it would not be exaggeration to say that, many times, there is "over-protection") to women, even divorced women if they do not remarry after divorce.

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The woman has the right to stay in the matrimonial home with her husband as long as she's married, although there's no law to support that fact. If the woman is being pressured to leave the home, she can ask the court for a restraining order which protects her from being thrown out. A restraining order can be easily obtained. It's advisable not to leave the home. I couldn't find anything on the woman trying to reconcile with the husband. I don't know why she would want to do that in this scenario. The source below will explain things further.

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