Can a women be forced to live with her husband

Question

Can a women be forced to live with her husband

26-Jul-2025 (In Family Law)

My mother failed to prove the domestic violence in court but she is the victim here me and brother is the proof. My father file sec9 what is he produced the copy of dissmissed divorce case will she lose that too. And can she be forced to live with him jbki hume pta hai unki jaan ko khtra h us insan se ? Cnt she live her life seperately she dont want any alimony or anything just a normal peacefull life . Didnt she has right to live freely just because she is married and cant prove the trauma .

Answers (4)

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Adv. Spiti Sarkar Adv. Spiti Sarkar

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Advocate Nischay Nehra LawRato · Accepted Answer · 2025-07-28T04:04:31+05:30

Answer #2

Yes, your mother can object to the petition under Section 9 of the Hindu Marriage Act (for restitution of conjugal rights) on the ground that there is no justifiable reason for her to resume cohabitation. If she has faced cruelty or trauma—whether or not proven in a prior domestic violence case—she can argue that living with her husband poses a threat to her safety and mental well-being. Evidence from children and past events may support her case, even if the DV complaint was dismissed. If the court still passes a decree under Section 9 in favor of the husband, your mother cannot be forcibly compelled to return. However, under Order 21 Rule 32 CPC, if she fails to comply, the husband cannot seek physical enforcement of cohabitation but property can be attached in execution. Importantly, your mother has the right to seek judicial separation under Section 10 of the Hindu Marriage Act. This will legally allow her to live separately without dissolving the marriage, and she can do so even if she doesn’t want alimony or maintenance. For further legal advice or drafting assistance, I can be contacted. Regards

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Advocate Aishwarya Panday LawRato · Accepted Answer · 2025-07-28T12:01:18+05:30

Answer #3

Yes, your mother has full legal and constitutional rights to live independently, even if she failed to prove domestic violence in court. A woman cannot be forced to live with her husband if she fears for her safety or chooses not to cohabit with him — regardless of the outcome of a domestic violence case. Here’s a complete legal analysis and solution under the new criminal laws (Bharatiya Nyaya Sanhita, 2023) and constitutional rights:

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Advocate Faisal Ashfaq LawRato · Accepted Answer · 2025-08-04T19:41:47+05:30

Answer #4

The woman cannot be forced to live with her husband if she is subjected to cruel treatment inclusive of domestic violence. Restitution of Conjugal Rights cannot permit the husband to subject the wife to such treatment. You need to consult an experienced lawyer and have an in-depth consultation.

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Adv. Faisal Ashfaq Adv. Faisal Ashfaq

Bareilly | 25+ Answers

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