Please help me, please

From The Hindu Marriage Act -

9. Restitution of conjugal right.

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being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.

Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

13 (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

 (ii)        That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.

Yes, Madam.  That is true.  If you file RCR petition and get succeeded by getting a decree of RCR and if he does not comply it for one year from the date of the decree, he is entitled to file divorce petition under Section 13 (I A)(ii) of Hindu Marriage Act.  It is a double edged weapon.  You must be careful while using it.

Now, to find out that why I suggested that thing is, kindly refer your first question- you said your husband left you without word and you want to have discussion with him and you love him and his parents are restraining him.  In those circumstances, the conciliation talks are required (the haebeas corpus petition does not lie, as he may be keeping himself from you voluntarily) and the only method is to file  RCR  petition, where the first stage is concilition (judicial separation, divorce or mutual consent divorce petitions are ruled out as you do not want to be separated from him).  Hence, I suggested to you for filing RCR for single purpose of initiating conciliation procedure, even knowing very well of adverse face of that provision.  Now, in your latest post, I came to know and wondered that you have had already counselling session, where he posed mute.  Even now, I do not know under which Act these counselling sessions were held.  Let us know, please. I am quite sure it might not be in pre-litigation stage of S.498-A and DV Act, as you have love towards him and you might not have filed any such case.

If you come out with frankness that what case you filed against him under which counselling was held, I can think further in this case.

Mr.Harsh Parekh,

It is wrong and unethical to Solicit.

Mr.Arup,

The initiator of this thread needs advice and counselling (we should not indulge in teaching her the pressure tactics i.e.filing of false case).

I hope I have amply made myself clear.  Kindly consider.

Best Regards

Daksh

U can file a petition for restitution;

125 Cr.p.c. for claiming maintenance;

a complaint under DV Act.