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Implication of living separately from husband due to domestic violence
08-Aug-2023 (In Family Law)
Hi, Due to Domestic violence by my husband, I am living in my father's house from last 2 months. Two months before I called my father and My father with my 2 uncle came and took me to my father's home. I do not want to file any legal case against domestic violence right now. But my question is, whether my husband can file any legal case against me ?
Respected ma'am yes your husband have fully right to file a case against you in court . Mostly husband file a case of sec 9 hma if you refused to leave with him than you have lost your right to file maintenance case against him
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Adv. Sombir
Bahadurgarh | 25+ Answers
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Yes he can file a case of taking back to home that comes under Section 9 of Hindu Marriage Act. For which u have to appear in court and have to fight that case. If the decision goes in his favour then u have to go back.
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Adv. Nipun Chowdhury
Faridabad | 25+ Answers
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Hi, you are in a tricky situation since you have suffered domestic violence still don't want to fill any case.
Talk to your husband if you want to satteled down with him and sort out your issues.
Yes he can fill case or divorce as well as to take you back to his home.
Please feel free to contact me for further assistance.
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Adv. Vikas Sangwan
Gurgaon / Gurugram | 25+ Answers
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Hi,
It's depand upon ur husband if he don't want to live with u then he can file divorce or can move an application to the police in which he can make lots of allegations upon u ur father and ur uncle. as u said that u don't want to take any legal action but I think for betterment of ur life it's necessary if u want to live with ur husband.i think u don't have any other choice
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Adv. Neetu Singh
Ambala | 25+ Answers
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hi,
in response to your specific query regarding the fact that can your husband file any case against you is that your husband can either file under section-9 HMA for restitution of conjugal rights or under section 13 for divorce. If you have any further query, you can always reach me on phone.
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Adv. Sanket Saini
Kurukshetra | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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