How to legally demand to stay with husband and deny divorce
23-Jul-2023 (In Divorce Law)
My spouse filed divorce petition.i dont want a divorce.bt he & his family members are not ready to talk at all except in court.10 months ago i had filed police complaint against him for domestic violence.my brother in law and his wife..kept me torturing mentally when i was living with them along with my husband.i want to live with my husband but not with brother in law. Can court issue any order that my husband agree to talk on this matter or visit marriage counsellor?
As you said DV case is already filed against your husband and in Laws by you. If he is not willing to cohabit with you then you may file a petition for restitution of conjugal rights before the JMFC and let the magistrate create a kind of good atmosphere for settlement.
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Madam
You can obtain an order of residence under the DV application you have filed. The Court can also refer the matter for mediation wherein you can mutually resolve the issue with your husband with the help of a mediator which will be appointed by the court
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You can express your stand in reply to the divorce petition. You can talk with him before the counselor. You can also request the court for more counseling sessions. You are not bound to live with your brother in law.
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You have to contest the divorce petition. You also have to file a complaint case of domestic violence in the Magistrate Court in order go back to your house and to stay there safely. In the first phase of divorce petition both the parties are refereed to counselling. For any further clarification and detailed advice kindly book a consultancy call.
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Case under protection of women from domestic violence act can be filed in court and after filing the matter iit can be requested to the court to refer the matter for counselling and mediation when the other party appears in the case.
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