Can a married woman legally demand nuclear family & can she file legal case for it - India?

Question

First of all thanks for reading my post. I have a question. My question - Suppose there is a married Indian women who is living with her husband and inlaws. Her husband treat her well but inlaws ill-treat her. She can't tolerate her inlaws behavior and abuse towards her. So she ask her husband to stay separate from inlaws. She request husband to move out from inlaws' house and live separately on their own. The husband loves her but in this particular matter he is very adamant. He is not ready to leave his parents and their house because he is of a mentality that he should take care of his parents. The wife won't mind if he keep relation with parents, help them financially or go to meet them but because of their ill-treatment she can't tolerate living under same roof but neither husband agree to her demand nor he stop his parents & siblings from abusing her as he fear it will disappoint his parents & siblings. He love his wife but also love his family so he don't listen to his wife in this particular matter. So the wife who has no problem with husband but can't tolerate inlaws behavior, can she take the help of law and file a case against her husband for not providing her nuclear family. Can she make a petition that she wants to stay seperate from her inlaws becuase of their ill-treatmen but husband don't agree with it & if she win case, can the court order the husband to make a separate living arrangement for wife.
Is there any such law that if a wife is not comfortable with inlaws & her husband force her to stay with his family under one roof then can she legally demand for nuclear family in court under given circumstance. Please help me, I will be grateful to you if you answer this.

Answer 1

The court can only pass order for the husband to provide place of residence for his wife, now that place of residence can either being shared with his parents or independent that depends on his financial capacity.

If he has meant to provide separate place of residence for his wife with all the facilities which she had been enjoying when she was living in the joint family with her in laws than nothing wrong but if it is beyond his financial capacity to do so, than no court can ask him to do it by any manner even if it leads to illegal acts.

A wife is supposed to live with her husband and it is duty of the husband to provide her with place of residence and all necessary facilities in such house that he can afford but wife cannot make choice of either the exact house or what all facilities required therein by herself, if that would have been the case than most of the husbands would be having permanent place of residence in their city jail facing prosecution or sentence of imprisonment for the offence of theft or robbery or dacoity.

Answer 2

No there is no such law. But there us also no law against you getting a job and getting your own place.

Answer 3

Jesus,and I thought women in America were screwed up....

Answer 4

just imagine the same thing happen in your parents family and your brother's wife in your place want to get separate living from your parents and live with your brother, same case happen in your parents family.. what will you do? just think like that..



in every family a little good, a little bad, a little happiness and a little sad will be there but, in life when you experience everything, you'll know.. life sweetness and pleasureful moments.



remember, living in a joint family is strength and when you got out of it into small family. the respect you get from neighbours, relatives and society will get decreases and totally, your family reputation will be spoiled. life is ment to be adjustments too and enjoy the living in a joint family.



when people are getting old they will act extra-caring and out of it, they create troubles and problems to everyone.. infact some people's mind also don't work properly as they loose memory power, eye sight, hearing, walking and many other problems. so, please try to analyse everything and take a decision.



If you have any more problems feel free to contact me, [e-mail]

Answer 5

there is no such law but you may file a case of domestic violence. i think the woman should think that her gusband's parent have devoted their lives to make their boy a perfect man who is her husband now. so the woman should try to adjust.she should talk to the inlaws and her husband settle the problem.

Answer 6

Islamic laws say that if wife asks husband to have a separate house, he MUST do that. Yes, she can file a legal case but Holy Quran says that non-Muslims have no right to judge matters of Muslims(where both parties are Muslims). It is inviting troubles to approach non-Muslim courts. You earn heavy sins by approaching non-Muslims' courts & Allah will punish very severely too. Local Muslim clerics(aalims) can decide much better & faster. There must be both men & women aalims & aalimahs in every locality & take interest in resolving such small disputes. Muslims should never abuse Muslims. By doing so one looses all sawaabs earned by good works & prayers to the abused one. Tell abusing relatives. It is very regretful that Indian Muslims read & watch on TV so many unwanted things but do not bother to read translation of Holy Quran(taking only three days) & standard Islamic books like Bahare Shariat, Qanoone Shariat, Adaabe Zindagi & Minhajul Muslim. Read all & show them too. Make an arrangement of reading these books by gathering all relatives weekly at home. It is a must as an Islamic duty. If you read the abovementioned books, things will become so much transparent that you will not need any lawyer or adviser at all. Those legal experts who have read the books found them amazing & declared that their all law studies during educations at their alma mater were all useless as compared to these ones. On the glittering metal plate on the wall of the law college of London, names of great personalities of the world who taught laws to people has been written & Prophet Muhammed(saww)'s name is at the top. That compelled the great scholar & greatest leader of India who shook Indian history with loudest political thunders & greatly changed the geography of the subcontinent in recoed smallest period, the famous Quaide Aazam Muhammed Ali Jinnah, the greatest political genius, while reading that plate first, immediately abandoned his business management course & decided to take law degree from there & during his practice in Bombay smashed top Hindu lawyers' fascistic pleadings to pieces & powders in Bombay High Court leaving no parallel in history. He was given the book : Al Farooque & other Islamic books of jurisprudence & fatwas in English by a maulana. That boosted his capability manifold. Poor Hindu lawyers & judges of India have not yet read Fatawae Aalamgiri(8000 Pages), Fatawae Mahmoodiyah(500pages), & Fatawae Razviah(20,000 pages) even in English, otherwise, Indian courts would have become empty as those Islamic books in simple languages are helpful in understanding legal laws based purely on logic & reasoning are useful for ALL human beings. Fascists don't bother about the books out of prejudice, bias & habitual communalism. You can keep the books at home & read slowly & patiently to perfection within 2 years.

Indian lawyers & courts are CHOR.