×

quesCan i stay separate from my husband without getting divorce?

I have been married for 10 months. I want divorce from my husband and want to move on in life. Our personalities and thinking doesn't match.How can i file for for divorce? Can i stay separately from him without getting divorce? Can he file a case against me if stay separate?

  • Planning to Divorce? Marriage Counselling can help


    Consult Now
    • ans

      You can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for 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      Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

       

      Also in cases of less than one year of marriage for divorce due permission of the court is required. 

    • ansYes you can stay seperately without filing for divorce but ur husband can file a suit for restitution of conjugal rights but even if your husband wins court cant compell u to stay with ur husband against ur wishes

      Advocate M S Hussain

        District Court, Saket, Delhi

    • ansyou can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution pf conjugal rights. Also in cases of less than one year of marriage for divorce due permissioneof the court is required.

      Advocate Richa Relhan

        Commonwealth Games Village, Delhi

    • ansYes u can file a divorce against him. Yes u can stay separately but this will affect your case. Yes he can file a divorce against you for conjugal right.

      Advocate Akhil Verma

        Delhi High Court, Delhi

    • File Mutual Consent Divorce @ Rs. 25,000/- only


      Know More
    • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    I want to divorce to my wife..I have already apply to in family court .Court…

    I reside in Canada and my husband in India.We got married as per Hindu customs…
    My wife ask money for divorce what can I do
    Respondent had denied in OP evidence during court hearing to resume u/s 9 of Restitution…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years


    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years


    Advocate Nagesh B L

      Nagarathpete
     Experience: 23 years


    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years


    View all >>

    Quick Consult

    Get 15 Minutes of Expert Legal Advice on Phone right now

    Ask a Free Question

    Post a Question online and get free advice from multiple lawyers by email

    Find a Lawyer

    Easily find and book private consults with top lawyers in India

    Get Fee Estimate

    Receive multiple quotations for your legal requirement instantly