quesForced stay with husband for 10 days.

My sister was living separately from her husband for 1-year and both were unhappy with marriage. My sister filed a recent case for her husband to provide her with maintenance, during the court proceeding the judge directed her to stay with her husband for 10-days. This could lead her to lose her job as she will forced to take care of things. My sister agreed partially to this since she was afraid that if she did no then she would lose custody or her kids and make things even worse for her.

1) Can the judge force her to stay with her husband? 2) What can she do so that in the next hearing she is not forced to stay more with her husband? 3) Can she refuse to stay with her husband and still ask for maintenance? 4) what is her best course of action as of now?

  • ansIf your sister was unhappy with marriage and had stayed separately from her husband for 1 year she should have in consultation with husband, file a case for divorce by mutual consent. Alternatively, she should have filed for divorce. In said petition claimed maintenance. What has been done by your sister is she has only filed for maintenance under section 125 CrPC, you have not mentioned what is your sister qualifications. Whether she is working or not ? If she is not working and is a housewife she can claim maintenance. The court is trying to save marriage. Hence has suggested that she live with her husband for 10 days, she cannot be forced to live with her husband, in any case, now that she has agreed she better stay with him for 10 days. If no reconciliation is possible mention it on next date that inspite of best efforts reconciliation has not been possible. Court will pass order on maintenance.

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