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Clarification regarding Restitution of Conjugal rights
10-Aug-2023 (In Divorce Law)
Hello sir I don't want to stay with my husband due to domestic violence it's been few months to our marriage am not staying with my husband from last 45 days now he has sent me notice of sec 9 from family Court.. Please suggest,, I should reject or accept to appear what is beneficial for me if I want to stay away from him which case I should file against him what to do to reject his notice .how can I ask for maintenence or the amount given on marriage or expenses of marriage.
You should file your appearance through an advocate and file your reply stating therein the reasons for your withdrawal. The burden of proof will be on you to proove before the family court, as to why you don't want reside with your husband. You will have to prove in court that there was/ were act(s) of domestic voilence against you and thus it is impossible for you to continue with the said marriage.
Meanwhile you can also file for divorce and seek maintenance from your husband.
Meanwhile you can also file for divorce and seek maintenance from your husband.
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Adv. Prabal Jain
Indore | 25+ Answers
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Firstly, since you are not staying with your husband, you can file an application u/s 125 crpc for claiming maintenance. In that, you can even get interim maintenance i.e. during the pendency of this application.
For the other query, I need to know more details as to why you are not staying together..and what went wrong between you people.
For the other query, I need to know more details as to why you are not staying together..and what went wrong between you people.
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Adv. Samresh Katare
Jabalpur | 25+ Answers
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Firstly For maintenance you need to file under section 125 of Crpc and if you dnt want to live any more with your husband than talk to him through a lawyer and you both mutually can file divorce petition.
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Adv. Mayank Manghwani
Bhopal | 25+ Answers
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As it's been only few months to your marriage, you can't file divorce case against your husband. You can file divorce case only after one year of marriage. For now you should fight s. 9 case on the grounds on which you are living separately from him. You can file maintenance case against him under s. 125 CrPC. You can also file domestic violence case against him. You can't demand normal marriage expenses from him which were born by your side voluntarily. If he has taken any dowry then you can also file dowry case against him. As soon as one year is complete, you can file divorce case against him on the ground of cruelty. But before all these, exhaust any possibility of reconciliation between both of you.
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Adv. Pradeep Naik
Indore | 200+ Answers
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