Conjugal rights

Querist : Anonymous (Querist) 07 November 2009 This query is : Resolved
I had filed for divorce in July this year and my husband has not appeared before the court twice on hearing date. Now he has filed a case of conjugal rights on me. What is the best way out of this. He is mentally incompetent and does not have a job either. He was physically violent. All my jewellery is with them.
How can I be asked to live with someone who abuses me?

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Raj Kumar Makkad (Expert) 07 November 2009
You can put all these facts in both the cases vigorously and you can also serve him the notice of your already pending case in his petition filed under section 9 of HMA thus the service shall become complete. both the petitions can go simultaneously.

Dr. Jyothi Vishwanath (Expert) 11 November 2009
mental incompetency is one of the grounds of divorce. you can file an application for clubbing both the cases. you can prove mental incompetence and cruelty on his part which will be an answer to his petition for conjugal rights also.

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