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Legal Remedy in case husband not ready to live together
23-Oct-2023 (In Divorce Law)
sir/mam my husband wants mutual divorce.I don't want divorce but I want to live with my husband.currently we live separate due to my husband decision. I try request my husband so many times for compromise and live together but he doesn't accept.what can I do to live with my husband and his family.please help me
File a case at your family court or related court regarding conjugal / marriage right as per hindu marraige act.
Before that give a legal notice about this matter and then file a case.
It will help you to live with ur husband family
Before that give a legal notice about this matter and then file a case.
It will help you to live with ur husband family
Helpful?
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Adv. Divyesh Bipinchandra Gandhi
Rajkot | 25+ Answers
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Can court compel wife to stay with husband?
Women are not a chattel
The woman is not a servant and she cannot be forced to remain with her husband. She cannot be treated like a piece property.
Can court force me to stay with my husband?
You cannot force someone else to stay with you against their will. The court can still try to reconcile the two parties by giving them one year to make a decision. If they wish, they may also choose to follow their conjugal rights in order to mend the relationship.
Can court force married couple to live together?
Now section 9 of hindu marriage law and section 22 special marriage act allows. This is how a similar case can be filed. If a spouse refuses to live together, they can go to the family court and demand that the other person live with them. 07-Sept-2022
Can a husband force his wife to stay with him?
There is no law that forces a woman to remain with her husband. The law on restitution of the conjugal rights is that the spouse who has left the conjugal relationship must resume it. If the spouse refuses to resume the conjugal relationship, for more than a year, then the other spouse can divorce the same spouse.
You have not mentioned the circumstances under which separation was enforced by your husband. Please be informed that without your consent no court can grant divorce. Take help from relatives and friends. Try to resolve the issue out of court.
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Madam,
I answer this query with the presumption that both you and your husband are Hindus. While, religion might not be relevant for marriage, it most certainly is when it comes to marital disputes.
The Hindu Marriage Act, which governs marriage between a hindu man and a hindu woman provides for protection to a spouse where the other spouse does not wish to live in the marital home even when the marriage exists in the eyes of law. Essentially it gives protection to a spouse to demand that the other spouse resumes conjugation of marriage.
You can move an application before the Family Court, seeking "RESTITUTION OF CONJUGAL RIGHTS". In lay mans term you can ask the court to direct your husband to come and take you from your present residence and into your marital home and resume family life.
Hope i have answered your query satisfactorily.
I answer this query with the presumption that both you and your husband are Hindus. While, religion might not be relevant for marriage, it most certainly is when it comes to marital disputes.
The Hindu Marriage Act, which governs marriage between a hindu man and a hindu woman provides for protection to a spouse where the other spouse does not wish to live in the marital home even when the marriage exists in the eyes of law. Essentially it gives protection to a spouse to demand that the other spouse resumes conjugation of marriage.
You can move an application before the Family Court, seeking "RESTITUTION OF CONJUGAL RIGHTS". In lay mans term you can ask the court to direct your husband to come and take you from your present residence and into your marital home and resume family life.
Hope i have answered your query satisfactorily.
Helpful?
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Adv. Mauleen Marfatia
Ahmedabad | 100+ Answers
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