How to get my husband to stay with me if he wants to file a divorce?


Can I somehow get my husband to come and stay with me in case he has left our home and wants to file a divorce? I got married in Feb 2011 and it was a love marriage, but was accepted by both the families. We had small disagreements, but we were happy otherwise. My husband has recently left our home with marriage certificate and other documents to file for a divorce. However, I don't want a Divorce as I love him. What should I do?

 

Is there anyway in which my husband will be required to live with me, atleast for a few months or a year? Last 3-4 months he was away from me for work and I feel its because of this distance he feels this way. What should I do so that he comes back home and revisits his decision?

 

Answer

 

In case you wish to stay with your husband and give your marriage another chance then the option available with you is to file a petition for  restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955(assuming you are a Hindu). This is a legal way wherein court will direct your husband to stay with you.

 

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Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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.

 

Kindly contact us for any further details and action.

 


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