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after filing divorce husband can do sexual intercourse with wife?
08-May-2023 (In Divorce Law)
A husband filed a divorce petition in December 2016 while they were living in a same house. As wife received summons husband said that he filed this petition mistakenly for his parents satisfaction and he will withdraw it after that husband and wife were living in a same house happily and wife gave birth a girl child from his husband in 2018. Husband and his family was not happy with this second girl child and now from September 2021 husband said to his wife he is going out side for his business and now he is not coming back his home in which his wife and children living and living in a separate owned house and not giving any money to wife and children. In January 2022 wife again received a summon in that past petition of 2016 in which husband promised him to withdraw but did not withdraw. I want to know that whether this petition of 2016 is maintainable or not and what should I do?
First of all you should file a petition under Section 24 of hindu marriage act for maintenance and legal expenses against your husband. After disposal of petition of 24 hindu marriage act you can file a written statement wherein you should take plea that your husband had promised to widraw the divorce petition and on the assurance of husband you have allowed your husband for physical relation resulting you become pregnant and give birth to your child during the proceeding of the divorce petition. it is better to discuss whole issues on phone so you can get detailed information and consultation.
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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No that petition is not maintainable because it is mandatory for divorce Husband and wife should live separately from 1 year .
but at the time of divorce he was living with you.
and also you have the ground of your child birth so on these basis your husband petition not maintainable
but at the time of divorce he was living with you.
and also you have the ground of your child birth so on these basis your husband petition not maintainable
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Adv. Ankit Saran
Ghaziabad | 400+ Answers
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Hello...
In this situation you can send a legal notice to your husband first just to call him back...if he does not come back then you can file a petition for RCR....and about divorce petition i can only tell anything after seeing the order sheet of that...Without that i can not give proper information and that would be wrong...
So please share the documents with me so that i can suggest you correctly...
For more information you can call/text me...
Thank You...
In this situation you can send a legal notice to your husband first just to call him back...if he does not come back then you can file a petition for RCR....and about divorce petition i can only tell anything after seeing the order sheet of that...Without that i can not give proper information and that would be wrong...
So please share the documents with me so that i can suggest you correctly...
For more information you can call/text me...
Thank You...
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Adv. Sakshi Jaiswal
Allahabad | 200+ Answers
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you must appear in the divorce proceedings and plead before the court the non maintainablity of the case on the ground of continuation of conjugal relationship between the husband and wife even after filing the divorce petition. you seem to have plenty of evidence to prove this fact. simultaneously file a section 125 crpc for maintenance of wife and children. you can also file section 24 HMA in the divorce proceedings first after receiving litigation expenses/ maintenance and than file non maintainablity in divorce case.
Advocate Ritu Rawat
team lawyer mitra
Advocate Ritu Rawat
team lawyer mitra
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Adv. Sandeep Kumar
Greater Noida | 100+ Answers
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dear client as per your query I can only suggest you that what is the stage of your case in family court have you appear or have you file the statement before the concern court because if you were living together and you both have a child he can't do so for future paid consultation please contact us with your relevant documents
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Adv. Rahul Rathi
Allahabad | 500+ Answers
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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.
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