Marital dispute Marital dispute

3 years ago

My husband and I had a fight,after the fight he asked me to go home for 15 days, and since then is not talking to me and not taking me home. It's been more than a month. His family is also not contacting. I want to stay with him. What should I do?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
A suit for restitution of conjugal rights can be filed.
Restitution of Conjugal Rights - (Right to stay together)
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
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Anik

Responded 3 years ago

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A.Hi,
If either party to a marriage withdraws from the society of the other without reasonable cause, the aggrieved party has a right to file a petition claiming relief for restitution of conjugal rights. The court will grant the relief if there is no legal bar to such decree.
You can file a suit under Section 9 of Hindu marriage act 1955.
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