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My husband does not want to live with me.


17-Apr-2026 (In Divorce Law)
“If my husband is not taking me back to live with him, can I file a case for maintenance along with Section 9 and would this be the right thing to do?”
Answers (5)

Answer #1
903 votes
yes of course you can do that but before filing the case of maintenance which is under section 144 and filling the case of section 9 case under HMA, you must send a legal notice under section 9 to your husband it may be possible that you might get reunited., for more legal details you can contact me
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Advocate Geet Dhir

Adv. Geet Dhir

LawRato Bhopal | 25+ Answers
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Answer #2
950 votes
and it is legally permissible to pursue both remedies simultaneously. Section 9 is used when you are willing to live with your husband and seek a court order directing him to resume cohabitation, while maintenance can be claimed under under Section 125 of the Code of Criminal Procedure or Section 24 of the Hindu Marriage Act, 1955 to ensure your financial support during this period
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Advocate Vinay Singh

Adv. Vinay Singh

LawRatoIndore | 25+ Answers
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Answer #3
601 votes
Yes, Section 9 (Restitution of Conjugal Rights) and Section 10 (Judicial Separation) of the Hindu Marriage Act (HMA), 1955, and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—which replaces Section 125 of the Criminal Procedure Code (CrPC) for maintenance—can be filed or arise together in the context of a matrimonial dispute.
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Advocate Kuldeep Bansal

Adv. Kuldeep Bansal

LawRatoGwalior | 25+ Answers
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Answer #4
883 votes
yes you can do that but are you sure that you want to end this marriage like this if you want we can help you and your husband with the counseling and after that if he and you want to go for divorce we can help you with the process of mutual divorce that will be short and simple process
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Advocate Kartikeya Shukla

Adv. Kartikeya Shukla

LawRatoJabalpur | 5+ Answers
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Answer #5
620 votes
Yes. If the husband is refusing to take the wife back or not maintaining her, she can generally file: 1. Petition under Section 9 of Hindu Marriage Act – for Restitution of Conjugal Rights (seeking direction that husband resume cohabitation), and 2. Maintenance case simultaneously such as Section 125 CrPC / Section 144 BNSS for maintenance, or Interim maintenance under Section 24 HMA, if matrimonial proceedings are pending.
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Advocate Raja Yadav

Adv. Raja Yadav

LawRatoChhatarpur | 5+ Answers
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