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Judicial Separation necessary after staying away earlier for 1 year?
28-Jun-2023 (In Divorce Law)
Me and my husband are not living together for more than 1 year after marriage .. we always quarrel ...his behavior is not so good . we have different views and thoughts which does not match ..this all get cleared after marriage. so as their was always quarrels in between us , I stayed away from my husband for job since 1 year. so my query is that ..can he or court force me to stay with him for 6 months after filing divorce ? As his behaviour is abusive, I avoid to talk and stay with him. so my query is that ..can he or court force me to stay with him for 6 months after filing divorce ?
He cannot force you to stay with him. He can just file a case for restitution of conjugal rights (means right to stay together), if the decree of the said case is against you than it is not necessary for you to follow the said decree and the same will be the ground for divorce. Even after filling for divorce court gives 6 months time for mediation but for the period of mediation it is not necessary for you both to stay together. For more clarification kindly book a consultancy call.
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Your husband or court can't force you to stay with your husband because there is no such provision In any law in India.Filing of divorce petition itself implies separate residence of both husband and wife.
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Adv. P. B. Merchant
Malegaon | 25+ Answers
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