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Last Updated On 14-May-2018
Divorce and Separation

No mutual divorce and leaving marriage

My husband will not agree to mutual divorce. He already resides in a different country. I want to leave and move to a different city for work and not pursue divorce anymore. Im told this is running away and I can be forcef to go back. Is this true.

08-May-2018

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A.
Though you cannot be forced to go back to him ( Saritha`s Case), you will have marital obligations and can be made to attend courts. if you do not want to re marry, you can leave to a different place. A decree of restitution of conjugal rights cannot be enforced on you.
Posted On 14-May-2018
Vidhikarya
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You better consult lawyer for more details
Posted On 09-May-2018
Vidhikarya
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If you are staying separately without any reason then it is the cause for your husband to obtain decree for restitution of conjugal rights. Once such a decree is passed you will not get divorce in future. You being a wife petitioner can file petition for divorce wherever you stay. Staying seaparately without any reason amounts to cruelty to other spouse.
Posted On 08-May-2018
Vidhikarya
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As long as the marriage is valid all the consequences will follow. It is better to consult a family matter lawyer from panel of Vidhikarya to protect your interest & marriage impediments.
Posted On 08-May-2018
Vidhikarya
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Dear Madam
You get at least ex parte divorce and be at ease otherwise your husband may claim you at any time.
Posted On 08-May-2018
Kishan Dutt Kalaskar
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Have you already filed a mutual divorce case?
You see if you go away from your husband then he can ask you to come and stay with him as per the law ( assuming you are Hindu). But it all depends on the court that how court will react to the petition field for restitution of conjugal rights. You better consult a lawyer and discuss your matter in detail.
Posted On 08-May-2018
Abhimanyu Shandilya Advocate Abhimanyu Shandilya
Abhimanyu Shandilya
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