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How can I leave my husband’s home without his consent?

Shivendra Pratap Singh

Advocate

26/04/2022

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Question: Hello, I have been married for 6 yrs. And my in-laws have been demanding for more dowry. How can I leave my husband’s home without his consent? The gold gifted during my marriage is in my father in laws custody. Well I did not encourage more dowry and hence was a victim of terrible domestic violence. 

My father in law is a womaniser (and looks and behaves at me in an inappropriate way) and my mother in law has tortured me a lot. My husband never came in support. He always said that he himself is scared of them. 

I have had 2 miscarriages because of the mental disturbance. My husband does not give me any money at present, I will have to beg for 100₹ also. And then my in-laws come home, thinking about the past issues I left at my parents’ home. 

I had informed my husband orally, still he faked a police complaint and made the constable (he knew) call me by his personal no. I am fed up because I don’t get emotional, mental, moral and financial support from my husband. He blackmails me about committing sucide if I don’t go to visit his parents. 

At present I want to be peaceful and happy so I am planning to live separately. So I am planning to leave his house and find a job. I doubt there is 1 legally correct procedure to leave my husband’s home with my belongings ( I do not have money to file divorce) . 

What if he files a false complaint that I stole valuable gold and cash when I leave the house. How can I get those gold gifted during my marriage. I have digital evidence. My father in law says he didn’t receive anything during the marriage when I asked him to return them.

Asked from: Delhi

You are facing mental, physical, economical and emotional touture in the matrimonial home. These abuses constitute sufficient reasons for living separately. You can leave the matrimonial home without the consent of your husband. 

While you are living separately, you can claim maintenance from your husband. Section 125 of the code of criminal procedure, entitles the destitute women to get alimony from her husband despite that she is living separately.

That gold jewelleries are stridhan and it is your exclusive property. You should take all the jewellery from the custody of your husband. If he refused then you should file a civil suit for recovery of stridhan. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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