Can i stay separate from my husband without getting divorce?

104 votes

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Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

LawRato LawRato

665 votes

you 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 LawRato

798 votes

Yes 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 LawRato

807 votes

Yes 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 LawRato

498 votes

A couple that is legally married can apply to the court on legal grounds for a judicial divorce. The court can order a judicial separation, which allows couples to live apart for a period of time. In a judicial divorce, however, the couple is still married.

Advocate Chikirsha Mohanty LawRato