queshusband has filed a case for legal separation. I don't want to leave .

my husband has filed a case for legal separation. i dont want to leave him as it is my 2nd marriage. how can i stop him from doing so? and they are not allowing me to stay with them as well. how should i proceed forward with it?

  • ansA case of legal seperation may be filed after assigning reasons of seeking seperation. Just disproove all reasons and his case will fail. As for living you can file a case in Domestic Violence Act of you can seek alimony in sec 125 CR.P.C.

    Advocate Rajat Bindal

      District Court, Bareilly, Bareilly

  • ansDear Concerned

    1. Your husband and in laws can not force you to leave the house even if they have filed case of legal separation , immediately file a criminal complaint against your husband and in laws for physical , mental and social abuse to stop them sending you out of the house.

    2. If your husband has got valid reasons to separate from like mental cruelty or adultery and has proofs for those , it would be difficult to keep this marriage. You can file for restitution of marriage .

    3. Immediate seek legal help before the worse happens.

    Advocate Atulay Nehra

      Noida Expressway, Noida

  • ansWhat are the grounds taken for divorce. Is it the second marriage of your husband also, if yes then would like to see reasons for separation for both of you, in order to proceed further.
    Moreover you should file a case under sec. 9 of HINDU MARRIAGE ACT

    Advocate Devansh Bhardwaj

      Lal Bagh, Lucknow

  • 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.
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