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Domestic violence and Restitution of conjugal rights
14-Apr-2023 (In Divorce Law)
I had been married in Feb 2017 in Moradabad. I had been a victim of domestic violence and abuse. My husband had left me an year ago and then after multiple attempts of reconciliation I sent him a notice of divorce. And shifted to
Mumbai with my parents. Then he filed a case for restitution of conjugal rights in Moradabad's family court.
If you have evidences of domestic violence and have decided to get divorce from him,then you need to file a divorce petition. You can also file complaint under domestic violence Act at a place where you are presently residing.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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Can court force me to stay with my husband?
You cant force someone to stay with someone who doesnt want it. The court can still try to reconcile both parties by giving each one a year to make a decision. Finaly, the court can only enforce conjugal rights if there is solid evidence to support it.
Can a husband refuse to live with his wife?
She can also file a dowry harrassment and Domastic Violence Act (498a) case against her husbands family. If the marriage has not been solemnised, then you can cancel the proposal. If the marriage is solemnised, then you can live in that place if its all there is to it.
Can we live separate after court marriage?
In India, court marriages are recognized by the Special Marriage Act of 1954. A couple can choose to separate after a court wedding for various reasons such as work, personal preference or other factors. 17 May 2023
I think filing of restitution petition is just show off dear. If really he was willing to cohabit with you, he might have take that initiative during initial stage. All this is after though process. You dhould file criminal application for under the provisions of domestic violence Act under claim for no. of protections simultaneously to divorce petition.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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you have to defend yourselve in the case filed at moradabad simultaneously you can file a domestic violence case in mumbai with proper evidence and can also claim alimony and also you can get the case transferred in mumbai if you wish to do so since the prayers of women and her conveninece is considered if there is genuine reasons to do so
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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