quesCan i stay separate from my husband without getting divorce?

I have been married for 10 months. I want divorce from my husband and want to move on in life. Our personalities and thinking doesn't match.How can i file for for divorce? Can i stay separately from him without getting divorce? Can he file a case against me if stay separate?

  • ansYou can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution of conjugal rights.

    Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

    Section 9. 

    Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

     

    Also in cases of less than one year of marriage for divorce due permission of the court is required. 

  • ansYes you can stay seperately without filing for divorce but ur husband can file a suit for restitution of conjugal rights but even if your husband wins court cant compell u to stay with ur husband against ur wishes

    Advocate M S Hussain

      District Court, Saket, Delhi

  • ansyou can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution pf conjugal rights. Also in cases of less than one year of marriage for divorce due permissioneof the court is required.

    Advocate Richa Relhan

      Commonwealth Games Village, Delhi

  • ansYes u can file a divorce against him. Yes u can stay separately but this will affect your case. Yes he can file a divorce against you for conjugal right.

    Advocate Akhil Verma

      Karkarduma, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Divorce Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Diva Arora Menon

  Nizamuddin East
 Experience: 10 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly