Rights of divorced daughter
4 years ago
I am divorcy living with my parents ,brothers sister in law but they constantly abuse me verbally and physically also my parents don't even let me eat food , they all always ask me to leave the house and earn money as earlier I was working in MNC company I was doing job and earning but now I am jobless they only ask me to do all household work and don't offer me any financial or emotional help or support I never got any morale support from my family they always fight with me so Kindly help me to solve this issue what step should I take against them so that I can live with respect and dignity what are my rights in parental property can I claim for my property rights and if yes then please advise me procedure step by step for the same, what are the rights of divorced daughter/women , please advise me some solution for this problem. Thanks for your help
File a domestic violence case against the family members. You can claim compensation and residence. You have a right in your parental property and also a right to be maintained. File a civil suit accordingly.
Thank You.
Shreyash Mohta
Responded 4 years ago
You can also file a case under Hindu Adoption and Maintenance Act
For the property you can file a civil suit.
You have a right to reside and get maintained under the following provision of law.
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Maintenance of widowed daughter-in-law. ... (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law provided and to the extent that she is unable to maintain herself out of her own earnings or other property.
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Hindu Adoptions and Maintenance Act, 1956
19. Maintenance of widowed daughter-in-law
(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:
PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall not be enforceable if the father-in law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.
Suneel Moudgil
Responded 4 years ago
you can also claim the property by way of filing a civil suit for the partition of the property