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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?

  • ans

    You 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    Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

      Delhi High Court, Delhi

  • File Mutual Consent Divorce @ Rs. 25,000/- only


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