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Husband left for Mumbai. Neither taking me nor coming back.What to do?
25-May-2023 (In Family Law)
What action should I take against my husband who he left for Mumbai not to come back? We got married in a temple and he left for Mumbai. It’s been 4 months and he kept postponing by 2 to 3 days whenever we spoke and promised to take me with him.
Now I feel he will not come to take me. What can I do as I feel totally cheated and helpless?
The option available to you is filing a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
Section 9 has been reproduced below for better understanding:
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When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.
Explanation-
Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.
So as you have stated that your husband is living separately, you can file this petition whereby the Court shall direct him to live with you.
Kindly contact us for any further details and action.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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