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ABCDEFGHIJKLMN (Others)     21 September 2021

Options to live with dignity with husband after domestic vio


We had some clashes and my husband asked me to go away from the home (I was pregnant that time). Earlier, I was also victim of domestic violence. I am living with my parents, and I have one year child. My husband comes to see the child often, we don't talk about anything. Thinking of my child, I want to continue the relationship with my husband but I want to make sure that whatever happened earlier doesn't happen again and I want to live with dignity. My husband doesn't want to go for any discussion (tried to discuss through some relatives). I don't want to file FIR or anything like that as I want to continue the relationship. Can I please request for some help - what action I can take so something that my husband did earlier won't happen again?


 1 Replies

Anusha Singh   26 September 2021

As per your query it is understood that you have had a history of being a victim of domestic violence and that you don’t live with your husband anymore. As far as you have mentioned about your husband, he seems to have no interest in saving the marriage and getting back with you. If you want to try and stay with your husband you can file an appeal for restitution of conjugal rights in the Court which has the jurisdiction to entertain your case. If even after the order by the Court your husband do not wish to stay with you then even the Court cannot force him to do so. Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights, reads: “When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.” As you have mentioned that you had a past of being a victim of domestic violence and in order to make sure that it won’t happen again you need to file a FIR in the police station which has the jurisdiction to entertain your complaint and the police can warn your husband and end the matter there itself but this is not an action which can be relied upon in future. In order to get a protection order you need to file an appeal in the Court of law before the magistrate. You can get a protection order in your favor from the Court itself. You can also get the order to reside in your husband’s house with your child and the Court after hearing both the sides pass the order for your husband to be entitled to maintain you and your child. Hope it helps! Regards, Anusha Singh
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