Legal Advice

Husband don’t want to live with his wife.

Question: It's my arranged marriage. I want to live with my husband, he is working in another state and me staying with his parents. His parents and my husband don't want me to stay with him. Now they tortured me to leave that place so that they will marry their son. What should I do? Suggest me.

Advise

You have a right to live with your husband. He cannot refuse without any cogent reason to live with you. You can take legal action against him under the Domestic Violence Act (DV Act). His parents have committed domestic violence. You have a right to live in the matrimonial home. Your husband is working in another state. Hence, this house is the shared household in the DV Act. 

File a complaint under Section 12 of DV Act

You should file a complaint under section 12 of the DV Act. If you are not in the position to file the complaint then you can take assistance from a protection officer. The government has appointed a protection officer in each district for providing the legal help to the person aggrieved of domestic violence.

File a civil suit under Section 9 of the Hindu Marriage Act

You are entitled to claim restitution of conjugal rights. Your husband has without any reason refused to live with her. If desertion has been for more than two years then you can file a suit for restitution of conjugal rights. 

Claim maintenance under Section 125 of CrPC

You should claim maintenance from your husband. Since he has neglected you and does not advance any financial assistance then you have a right to seek maintenance from him. Section 125 of the Code of Criminal Procedure (CrCP) provides a swift procedure to get maintenance from husband. when the husband having sufficient means neglects or refuses to maintain his wife then wife can claim maintenance under section 125.

Shivendra Pratap Singh

Advocate

High Court Lucknow