There is no concept of matrimonial property under Indian law. A woman can ordinarily claim maintenance and not a right over the property/house in which she resides. A woman can claim “right to reside” in her matrimonial home under the Protection of Women from Domestic Violence Act 2005.
There are five broad sets of family laws in India – Hindu law, which governs all Hindus as also Buddhists, Jains and Sikhs; Muslim law for the Muslims; Christian law for the Christians; Parsi law for the Parsi’s and a secular law i.e. the Special Marriage Act. The religion-based laws are derived from religious texts.
Aquinas distinguishes four kinds of law: (1) eternal law; (2) natural law; (3) human law; and (4) divine law.
Matrimonial real property refers to real property that is shared by 2 people during a marriage or common-law relationship. The Family Homes on-reserves and Matrimonial Interests or Rights Act (the act) was created to fill the gap.
Marriage also is known as matrimony or wedlock is a legally recognized union of two people in a socially and recognized process that establishes rights and obligations between those persons and also between their (if any) biological or adopted children.
Divorce obtained through mutual consent can be obtained within a minimum of six months. Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent where the parties have been separated for a period of one year. Thereafter, the first motion for mutual divorce must be filed and presented.
Right to live with dignity and self-respect: A wife has the right to live her life with dignity and to have the same lifestyle that of her husband and in-laws have. She also has right to live free from any mental or physical torture. Right to child maintenance: Husband and wife must provide for their minor child.
10 rule for Marriage and Divorce:
yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.
If your wife is not employed then you can’t avoid maintenance allowance. However you can challenge the order by appealing in higher court. Decree of restitution of conjugal right would not consider in maintenance case.