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Husband is not allowing to stay with him


30-Sep-2024 (In Divorce Law)
What will happened if husband not allowed me to stay 6 months with him. Will he can give me divorce than without alimony? Wherever I am staying with him or not I want monthly maintenance. What I should do? I am Hindu.
Answers (5)

Answer #1
903 votes
If your husband does not allow you to stay with him for six months, it may not automatically lead to divorce, but it can impact your relationship and potentially his willingness to file for divorce. Under Hindu law, if he files for divorce, he might argue for it to be granted without alimony, especially if he can demonstrate that the separation was mutual or that there was no contribution from you. However, you have the right to seek monthly maintenance regardless of your living situation. Maintenance can be claimed under Section 125 of the Criminal Procedure Code or through a petition for alimony in divorce proceedings.
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Advocate Kiran Ashok Gangurde

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Answer #2
837 votes
You can stay in the same house and even then can opt for divorce. Also husband is liable to maintain wife. For seeking monthly maintenance you can file an application for the same. Feel free to contact me for seeking any legal advice as regards the same.
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Advocate Prerna Shukla

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Answer #3
609 votes
He cannot do so. As per Hindu marriage Act both the parties can file petition only when both parties are willing. For that also separation of one year is mandatory. You can file Maintenance application and application under Domestic violence act and if you want to stay with him you can file restitution petition.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

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Answer #4
650 votes
Dear queriest, if he doesn't allow you to stay with him you can file section 9 for restitution of conjugal rights, also if he is not paying you maintenance you can file maintenance too, and in case he files for divorce you can also claim alimony at the same time, for more information about the same kindly call me
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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Answer #5
844 votes
File a Maintenance Petition in Family Court. cimsltaneously you may file Domestic Violence for forfeiting right to be in his company, for forfeiting right to live along with him in your matrimonial house, here also you may seek maintenace. It's not easy for your husband to become free by taking divorce easily, without paying anything for such cruelty. Better you approach to any good advocate.
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Advocate Sheetal Pawar

Adv. Sheetal Pawar

LawRatoMumbai | 50+ Answers
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