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Husband not ready to take my to his home, what can be done?


20-May-2023 (In Divorce Law)
I for married in 2013, then after marriage my husband used to stay in my native house, but after even 1year completion he is not taking to his house. Finally after asking by marriage elders, also he is silent and left me and my daughter alone and saying not interested. Then i kept 498A case with many requests over 2years period awaiting. Now he taken stay on 498a case and not attending any review, managing with his advocate. I am not even paid with maintaining charge. Also i kept mc case. But i want to live with my husband only. I kept the case just to get him live with me. Now every hearing i am only going. He is a state govt employee. Kindly suggest what i have to do to live with my husband.
Answers (4)

Answer #1
773 votes
if you want to live with your husband file Restitution of Conjugal Rights petition in the court for joining the company of your husband. May i know your place, i.e., do you reside in Hyderabad or some other place. For further details visit us on our website abhaya legal services com.
Answer #2
590 votes
Hi
you can get the stay vacated in the court as any stay is only temporary.
In Maintenance case, you can ask the court issue Interim maintenance and attach the salary of your husband..
In order to live with your husband, you should file a Restitution of conjugal rights petition in the court.
Please note 498a and maintenance cases are two different cases filed on different grounds.
only a Restitution of conjugal rights petition will enable you to ask the court to direct your husband to live with you and your daughter.
Answer #3
521 votes
Hello,

No court can force your husband to stay with you if he doesn't want to. However, file a petition for restitution of conjugal rights in the family court of your jurisdiction and see if this helps. Also file a maintenance petition u/s 24 H.M.A in the RCR. This will create pressure on your husband and he might come for a compromise. Also, why don't you ask the family court judge to take action against your husband for not paying you the maintenance amount in the MC case? You need to build pressure on your husband to come to terms. Feel free to contact me if you need any help and assistance in your cases.
Answer #4
808 votes
Hi,
Firstly as all the cases are pending in the court and he is not interested to take you with him, did you file RCR in the court showing your readiness that you want to live with your husband . You said MC is also pending did you file interim application for payment of interim maintenance . For further assistance call us through the website.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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