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Can I Enter My Husband House After 8 Years Of Separation And If He Has
21-Apr-2025 (In Divorce Law)
I got married to my husband in 2017 and after that we had a quarrel out of which I went to my parents house. After that my in laws never allowed me to enter the house and my husband even filed for mutual divorce. We had the first motion in 2018 but I denied the divorce in the final motion . After that I tried every possible way for reconciliation but he didn't agree. I was in a great depression. But I didn't take any legal action against him. We went for counseling but he refused to stay with me. Now in 2025 we had our first motion of mutual divorce but still I want to go back to my husband. Meanwhile his adress is changed. How can I proceed to get my husband back? Can I claim for right to residence?
Yes you can file an application for order for residence under DV Act. This will help you in ensuring your right to residence. Now on the question of whether you can get your husband back: Have you tried filing section 9 HMA ie restitution of conjugal rights? Have you filed for maintenance u/s 15 crpc ,now sec 144bnss? If not then those are the steps that you can take at present to help you in the case. For further queries feel free to contact me.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Either party can withdraw their petition for divorce within the six-month period between the first and second motion. The court often encourages the couple to explore reconciliation during this period.
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Adv. Ashutosh Singh Rana
Delhi | 25+ Answers
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If you are willing to stay with him then you should file a petition under section 9 HMA for calling back your partner in your matrimonial life. And if there is no scope of living together then rather stretching the relationship you should file for divorce. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Ma'am, as per the latest judgement of Rajat v. Roopali, if you back out from going for the 2nd motion, your husband may file a contempt of court case against you for not complying with the terms and conditions of the settlement between you two. However, depression can be a major factor to nullify that contempt proceedings. You need a strategy for proceeding further.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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Definitely you can claim for your right of residence. First of all, search for whereabouts of your husband. That’s the primary thing. Also nobody can deny your right to enter matrimonial house since you are not divorced till now. Secondly you need to make up your mind. If the husband doesn’t want to live with you, then you still want to be in relationship with him?
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Adv. Aditi Gupta
Delhi | 25+ 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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