- Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

 1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. 

- Hence, you can file a complaint against in-laws for the offence of harassment and threatening to throw from the matrimonial home. 

File DV case and seek a protection order 

2) seek stay order restraining your in laws from disturbing your possession of the house 

3) seek maintenance from husband 

- You can start after filing a complaint under the provision of DV act for getting protection order from the court. 

You cam file a domestic violence case against your husband as well as your in-laws and can also seek residence orders from the Court.

It is your matrimonial home 

even if it is not ancestral property you can seek orders restraining in laws from disturbing your possession of the house 

seek compensation for mental torture undergone by you 

How can you continue with such relation? can you force your husband to live with your husband against his wishes and desire? So you cannot continue or can uphold your marriage. It is correct that daughter in law does not have any right in the properties of her in laws ands even your husband too do not have any right in such property of your in laws. Since you are earning then you are not entitled to maintenance rather legally you are liable to provide maintenance to your husband. So it is best for you to get rid from such marriage and opt for divorce by mutual consent on best available terms. 

You can file domestic violence case against husband and in-laws and take restraining and residence orders from court 

Dear Client,

First, try to maintain a calm and composed demeanor despite the provocation. Document any instances of abuse, threats, and harassment as this will be useful if you need to take legal action. Recording dates, times, and descriptions of incidents can provide strong evidence.

Since it is your matrimonial home, you have rights to live their till such time you remain his legally wedded wife.

You refuse to leave the house.

You can lodge a criminal complaint against them for the acts of cruelty and also can file a DV case seeking protection, residential rights and compensation 

You can lodge a criminal complaint for the acts of cruelty and DV case as suggested in my previous post for the reliefs.

Legally, you have the right to claim decent living standards, basic comforts, and the right to reside in the matrimonial home. And also has ownership rights over her Streedhan, gifts, and money, which can be held liable for criminal charges. If the husband or family members subjected her to cruelty for dowry demand, they can be booked under Section 498-A.You can seek orders from the law prohibiting anyone from interfering with your possession of the house, as well as compensation for any mental torture you may have had, even if it is not your ancestral home.  You can lodge a complaint against husband in the Women cell/Mahila Police, who will try to reconcile the dispute.

The primary aim of the Protection of Women from Domestic Violence Act, 2005  is to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives. The Domestic Violence Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic and according to the law harassment by way of unlawful dowry demands to the woman or her relatives. So file DV case and seek a protection order.

In our country, to get a divorce, one needs to prove certain grounds, e.g., cruelty/adultery, desertion, etc.  Known as matrimonial offenses.To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.

1. You require exhaustive consultation regarding your matrimonial rights and legal remedies to first, attempt to save marriage, & second,  to protect your interests and avail of the best remedies possible, including the optio6to seek divorce (not mutual consent,  but contested) 
2. I'm willing not just to advice,  but also litigate appropriately,  as your lawyer. 
3. You need to visit me for such exhaustive consultation. I'm based in Mumbai /navimumbai just as you are,  so it shouldn't be much of an issue for you to visit me for such exhaustive consultation. 
4. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

I am sorry to hear that you are facing such matrimonial issues. Alcohol is very destructive in a relationship. It's important to have an open and honest conversation with your husband alongwith your parents in laws regarding the situations and all possible consequences. it is inferred from your question that your husband age group is of 45-50s yrs.

Your parent in laws are threatening you to be thrown out just because your husband drinks alot and your in laws held you being the main reason. so, If you want to work with the relationship, you have to make and convince your in laws that drinking habits of your husband is not because of you and you need to take him to good doctor to make him reformed and restrain from drinking. Mean whilst, your in laws also need to understand that as they are in their advance age, it would be detrimental for themselves too if both of you are dismissed from your home. The threatening decision of the in-laws is only to make both of you to work for relationship and support in their advance aged stage.

so, dont worry, work with your relationship, try to convince your husband to visit to a good doctor, in this your in- laws and your family members might play some important role. also, from question, nothing is clear regarding your children and if they are within the vicinity they might play a very convincing role. you may also, seek and suggest to your in laws if you seek divorce, what would be future of your children?

Notwithstanding above, harassment that you are facing from your in laws and husband is a kind of domestic Violence and is a punishable offence under Domestic Violence Act, which may lend them into trouble and punitive action by the police/ court. yet, it's important to communicate openly and honestly about the issues regarding what is and isn't acceptable behavior. And, if you choose to work on your relationship, make sure that your husband is willing to take responsibility for her actions. From the question, it is not clear that what source of earning and who steers the family boat, as your comments suggest that your husband is not earning, this may be a big reason for his poor drinking habits in the given patriarchal societal norms. Wherein, you may also consider the following:

Consider counseling: A trained counselor can help you and in laws effectively and work through any underlying issues.

Don't blame each-other: It's important to remember that your husband behaviour may be some situation based or due to strong interference of your parents and no-earning of himself. 

Wouldn’t you want to know if your husband wants to continue in this marriage or not? Why your husband want divorce, what are reasons, if extra marital relations, of your interference in his drinking habits, or anything else, and hence, you should seek answer to these questions to resolve the problem. Any emotional triggers from your past relationship/ life ?- these questions need to be answered,

so that both of you as mature adults can priorities what’s important and either work together for the marriage or move on with your lives going separate.

your husband and family has to recognize that all that, if anything that happend in past, has happened is a matter of past and if you are fully emotionally, physically, financially and in all other aspect, are honestly committed to your family and want to make reform to your husband, your in-laws should support you rather than making your life miserable and hence, you should explain whatever problems persist and resolve mutually.

Here, your husband may be worried about the financial independence, or he want some form of freedom in the married life and in the present patriarchal society the fabrics of responsibilities are nets around the father. so, both of you have to communicate with yourself and each-other. Try a fresh with focus on the present and try to build a more transparent and communicative relationship in the present. Take this opportunity to work together and strengthen your marriage.

Try to follow these commandment answers for a lifetime of happiness and harmony:

1. What are your personal values and beliefs?
2. How do you envision our roles and responsibilities within the marriage?
3. How do you envision the role of family in our relationship?
4. What are your career aspirations, and how do you plan to achieve them?
5. How do you handle stress or challenges in life?
6. How do you handle conflicts or disagreements in a relationship?
7. How do you manage finances and plan for the future?
8. What are your hobbies and interests outside of work?
9. How do you prioritize spending time with family and friends?
10. What are your expectations regarding communication and openness in our relationship?
11. What are your religious or cultural beliefs, and how do they influence your life?
12. How do you see our relationship evolving over time, and what are your thoughts on starting a family?
13. Are there any specific values or traditions that are important to you, and how do you envision incorporating them into our lives together?
14. How do you prioritize personal growth and self-improvement in a relationship?
15. How do you maintain a healthy work-life balance?
16. How do you express love and affection in a relationship?
17. How do you handle differences in opinions or cultural backgrounds?
18. What are your expectations regarding household chores and responsibilities?
19. How do you balance personal space and time with family responsibilities?
20. What are your views on gender equality and mutual respect in marriage?
21. How do you envision supporting each other through life's ups and downs?

And if all this failed, then proceed for initiating a case for domestic Violence against your in-laws and your husband under DV Act, where, not only you will get relief from the domestic miseries but also, your husband has to be pay you maintenance. Also, your, parent in-laws can not absolve from their responsibility and if your husband is not earning, still they have to give some part of property as maintenance/ one time alimony in case of divorce as your husband is going to be heir of the property of your in-laws. Here, though the property (house) may not be an ancestral property, still court may decide in your favour and against wishes of your husband and in-laws and gives you your rightful shares in the property. 

However, it is suggested that the divorce may be used as matter of last resort. Some legal provisions on maintenance are as discussed below and hence, you can use Section 125 Crpc and DV Act for remedy and maintenance from your husband and in-laws along with the right to Selter. The legal provisions are as appended below:-

That, the legislations which have been framed on the issue of maintenance are the Special Marriage Act, 1954, Section 125 of the Cr.P.C. ,1973; and the Protection of Women from Domestic Violence Act, 2005 which provide a statutory remedy to women, irrespective of the religious community to which they belong, apart from the personal laws applicable. the Hindu Marriage Act, 1955 by invoking Sections 24 and 25 :

Hindu Marriage Act, 1955 Sections 24 and 25 make provision for maintenance to a party who has no independent income sufficient for his or her support, and necessary expenses. This is a gender-neutral provision, where either the wife or the husband may claim maintenance. The prerequisite is that the applicant does not have independent income which is sufficient for her or his support, during the pendency of the lis.

Section 24 of the HMA provides for maintenance pendente lite, where the Court may direct the respondent to pay the expenses of the proceeding, and pay such reasonable monthly amount, which is considered to be reasonable, having regard to the income of both the parties. The proviso to Section 24 providing a time line of 60 days for disposal of the application was inserted vide Act 49 of 2001 w.e.f. 24.09.2001.

Section 18 provides that a Hindu wife shall be entitled to be maintained by her husband during her lifetime. She is entitled to make a claim for a separate residence, without forfeiting her right to maintenance. Section 18 read in conjunction with Section 23 states the factors required to be considered for deciding the quantum of maintenance to be paid. Under sub-section (2) of Section 18, the husband has the obligation to maintain his wife, even though she may be living separately. The right of separate residence and maintenance would however not be available if the wife has been unchaste, or has converted to another religion.

Section 125 of the Cr.P.C The purpose and object of Section 125 Cr.P.C. is to provide immediate relief to an applicant. An application under Section 125 Cr.P.C. is predicated on two conditions : the husband has sufficient means; and “neglects” to maintain his wife, who is unable to maintain herself. In such a case, the husband may be directed by the Magistrate to pay such monthly sum to the wife, as deemed fit. Maintenance is awarded on the basis of the financial capacity of the husband and other relevant factors. Under sub-section (2) of Section 125, the Court is conferred with the discretion to award payment of maintenance either from the date of the order, or from the date of the application. Under the third proviso to the amended Section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days’ from the date of service of notice on the respondent.

Protection of Women from Domestic Violence Act, 2005 The D.V. Act provides relief to an aggrieved woman who is subjected to “domestic violence.”

1.Sections 17 and 19 grant an entitlement in favour of an aggrieved woman to the right of residence in a “shared household”, irrespective of her having any legal interest in the same or not. From the definition of “aggrieved person” and “respondent”, it is clear that : (a) it is not the requirement of law that the aggrieved person may either own the premises jointly or singly, or by tenanting it jointly or singly; (b) the household may belong to a joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title, or interest in the shared household; 24 (c) the shared household may either be owned, or tenanted by the respondent singly or jointly.

1. The right to residence u/S. 19 is, however, not an indefeasible right, especially when a daughter-in-law is claiming a right against aged parents-in-law.

While granting relief u/S. 12 of the D.V. Act, or in any civil proceeding, the court has to balance the rights between the aggrieved woman and the parents-in-law.

1. Section 20(1)(d) provides that maintenance granted under the D.V. Act to an aggrieved woman and children, would be given effect to, in addition to an order of maintenance awarded under Section 125 of the Cr.P.C., or any other law in force.
2. Under sub-section (6) of Section 20, the Magistrate may direct the employer or debtor of the respondent, to directly pay the aggrieved person, or deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.
3. Section 22 provides that the Magistrate may pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence perpetrated by the respondent.
4. Section 26 of the D.V. Act provides that any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding before a Civil Court, Family Court or Criminal Court.
5. Section 36 provides that the D.V. Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force. Analysis of the issues (a)Issue of overlapping jurisdiction The Court noticed that while it is true that a party is not precluded from approaching the Court under one or more enactments, since the nature and purpose of the relief under each Act is distinct and independent, it is equally true that the simultaneous operation of these Acts, would lead to multiplicity of proceedings and conflicting orders. This process requires to be streamlined, so that the respondent/husband is not obligated to comply with successive orders of maintenance passed under different enactments. “It is well settled that a wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V. Act and Section 125 of the Cr.P.C., or under H.M.A. It would, however, be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding.” hence, that in a subsequent maintenance proceeding, the applicant shall disclose the previous maintenance proceeding, and the orders passed therein, so that the Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount. "

Note and Disclaimer:- 

The opinion given here is generic in nature and offered without considering the case on merit and any material facts, hence, if you are proceeding with divorce, or any legal action against your husband and in-laws, you should again consult a lawyer with all the material facts on the case, prior proceeding ahead in the legal battle.

Thank you and best wishes for your future wellbeing, hope you resolve your problems at the earliest and come out of all the miseries/ painful life and live happily ever after.

Regards,

Hello, 

file a domestic violence case against husband, mother in law and father in law seeking. Orders for residence as you are staying in a shared household 

You can file a case under, 'protection of women from domestic violence act'. You can get interim relief for protection from harassment and torture and also permanent relief from the court. During the proceedings you may get opportunity of mediation through the court and it is possible that your husband may realize his mistake and try to settle the matter amicably. Marriages go through normal wear and tear over a period of time and mutual efforts for reconciliation can save the marriage. Divorce is an option which should be only chosen when the marriage is broken beyond repairs.