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Got the order of restitution, but husband filed for Divorce
12-Nov-2023 (In Divorce Law)
I have judgement of restitution in my favour.. But husband filed for divorce. What will be the next procedure to follow if I don't want to separate from him.as I have 2years old son with me. I don't want divorce and he and his parents not allow me to be with him at all. What can I do to save my marriage??
If there is a judgement of restitution U/s 9 in your favour, then you have all the legal rights to stay with your husband at your matrimonial home and enjoy all the benefits of a wife and as a married life.
Filing of a Petition for Divorce does not mean divorce and it is an afterthought act which the lawyer has to put forth before the presiding Judge Bench.
As of now, you shall go to your matrimonial home and stay there with your kid, husband and his family. No one can stop you from doing the same and you can use the Police help to stay safe at your matrimonial home.
The divorce proceedings will be taken up in Court and it needs to be defend based on Order under Section 9 of Hindu Marriage Act, 1955 and other facts and circumstances in regards to your case.
Filing of a Petition for Divorce does not mean divorce and it is an afterthought act which the lawyer has to put forth before the presiding Judge Bench.
As of now, you shall go to your matrimonial home and stay there with your kid, husband and his family. No one can stop you from doing the same and you can use the Police help to stay safe at your matrimonial home.
The divorce proceedings will be taken up in Court and it needs to be defend based on Order under Section 9 of Hindu Marriage Act, 1955 and other facts and circumstances in regards to your case.
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Adv. Dharmendra Damani
Mumbai | 25+ Answers
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