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.

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

    Know More
  • 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

Similar questions

My sis marriage with a guys who is divorced ...it is a second wife after…

I am married since 2009 and have a kid of 6 years. Me and my…
My Female Friend (Hindu) got married in last December. At the time of marriage her…

My wife is cheating me... She is having affair with another guy.. I have all…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly