Is staying separate for 6 months a valid ground for divorce?

In Divorce Law

My husband refuses to stay with me since the past 3-4 months. This happened after we moved out of my in-laws home post a dispute which was settled by an NGO deciding that we should stay separately. We took a flat on rent where my husband stayed with me for 10 days only and then shifted to a PG after picking up a fight with me.

I called the Police and we went through medical tests on order of the Police wherein I has a miscarriage because of the stress. What should i do now? I want to stay with my husband.

Can my husband file a Divorce case on ground that we are staying separate since 6 months?

Answers (1)

233 votes

First of all, no your husband cannot file a Divorce Petition on the ground that you both have been staying separately for past 6 months. 

As you have stated that you want to stay with your husband, the legal recourse available to you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in the Family Court and get a decree in your favour.

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 Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being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

Please also note that where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society (your husband in this case).

There are other coercive ways as well which shall include registering complaint in the women cell, however we would suggest you to adopt the former approach and in case the same fails, go for the latter.

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