My husband has left me in our rented home and staying separately. What to do?

[Lohan]

My husband has left out of our rented home and taken all his stuff in my absence. I married last year. It’s been 3 months I have been paying rent and he didnt respond my msg and calls. I don’t where he is living. When family contacted he said he don’t want to live with me. On Diwali night at his parents home ,there was a quarrel on small issue and his father and he had beaten me.b it later I came as he said sorry.
Now I complained in women cell, where he refused to come saying his lawyer has advised him so.
He is not ready to come back at any cost.Neither he is going to file for divorce as he has asked me to file mutual divorce bcz he don’t want to give me alimony as well.
What are my options and right as a hindu wife. I don’t want to divorce him as I am 29 and I am afraid of uncertainty.i have no kids. I am donig PhD and receiving scholarship 35k a month. while my husband is earning 1.2 lack a month. Am I entitled for house rent?

[Dr. Ashok Dhamija]

You can file petition / application for:

(1) Restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

(2) File for maintenance under Section 125 of the Cr.P.C.

(3) If need be, file for protection under the Protection of Women from Domestic Violence Act, 2005, for not being thrown out of the house.

You can also claim rent expenses as part of the maintenance. It ultimately depends what order is issued by the court.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Lohan]

Thank you very much for prompt reply sir.
I have a doubt, first,
if a wife is on scholarship, is she entitled for maintenance?
Second, doesn’t it sound contradictory to judge if I file RCR under section 9, along with domestic violence. I mean why would a girl want to be with a men who do domestic violence? Can judge ask?

[Author]

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