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Husband wants to get separated but I want to stay with him
12-Jun-2023 (In Divorce Law)
Sir/ mam My husband is living in Australia from the last 4 years We get married on 21/3/2017 in the precence of all my family members and near dear After 2 months of our mariage my husband returned back to australia to join his college becz he was on study visa that time After some time he applied for my spouse visa in sep 2017 After that he gave me so much excuses about my visa And now he said that he is in relationship from last 7 months, the girl is an Australian And she is pregnant also Now my husband wants to separate from me . Bt I don’t want to give him divorce .I want him back in India .So what should I do ? Pls suggest me via mail . We both are Hindu family
If a person doesn't want to live with you nor he is in India then it is so easy to stay with him...you can also file some cases against him and his family for dowry, domestic voilence, cheating etc. And only these cases create pressure on his family and ultimately on him. Otherwise he never came back to India.
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Adv. Bhawesh Chaudhary
Chandigarh | 25+ Answers
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Dear
You can file a petition U/s 9 of Hindu Marriage Act, 1955 in the District/Family Court for the restitution of conjugal rights
You can file a petition U/s 9 of Hindu Marriage Act, 1955 in the District/Family Court for the restitution of conjugal rights
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Adv. Abhishek Mittal
Chandigarh | 25+ Answers
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You have to file restitution of conjugal rights. If your husband does not want to stay with you then you have no other option except to file restitution of conjugal rights. If he gets agree then OK otherwise you have to put him under pressure by filling criminal complnait.
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Adv. Jagan Nath Bhandari
Chandigarh | 200+ Answers
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Dear petitioner,
Was your marriage registered? What proof do you have of your being married to the said husband, in presence of the family members? Is any member of the husband's near family, i.e. father, mother, sister, brother and brother-in-law residing in India and were present at the marriage? After reading the documentary evidence, you shall have the under-mentioned options to sue your husband:- (a) File a complaint before the Police for cheating and criminal intimidation, so that, FIR is registered against the husband and the relatives, who have abetted the crime. (b) File a complaint before Chief Judicial Magistrate under protection of women against domestic violence. (c) File a complaint under Section 125 of Code of Criminal Procedure for maintenance. (d) File a civil suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
Was your marriage registered? What proof do you have of your being married to the said husband, in presence of the family members? Is any member of the husband's near family, i.e. father, mother, sister, brother and brother-in-law residing in India and were present at the marriage? After reading the documentary evidence, you shall have the under-mentioned options to sue your husband:- (a) File a complaint before the Police for cheating and criminal intimidation, so that, FIR is registered against the husband and the relatives, who have abetted the crime. (b) File a complaint before Chief Judicial Magistrate under protection of women against domestic violence. (c) File a complaint under Section 125 of Code of Criminal Procedure for maintenance. (d) File a civil suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
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Adv. G S Ghuman
Chandigarh | 25+ Answers
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Firstly no man or woman can solemnize a second marriage without obtaining a decree of divorce from 1st spouse or by concealing the 1st marriage from 2nd spouse and to perform marriage is offence & is punishable u/s 494 IPC with 7years imprisonment of course that's if he performed second marriage .The second marriage he performed in Australia is null and void. If he's in live in relationship then you can file a complaint u/s 497 with Punishable for 5years. You can also file RCR restitution of conjugal rights u/s 9 of hindu marriage act.. Hope this will help good luck
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Adv. Parminder Singh Jassi
Chandigarh | 25+ Answers
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