How can I get my daughter's custody and maintenance from my husband

My husband does not want me to come back home. I am staying out of his home since 1.5 months and he has our 6 years old daughter also. Now says if I want to stay with him, I will have to give it in writing that I will give the child custody to him. I want to stay there. What should I do now?

Answers (1)

240 votes

Assuming you are hindu,
you can make an application under section 9 of the Hindu Marriage Act which deals with restitution of conjugal rights.
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. 

Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

Along with the that you can also file a case for child custody.

Regarding maintenance,
you need not to get divorce from your husband if you want maintenance from him.
Application under section 125 of Cr.P.C. can be preferred for getting maintenance from the husband.

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