Living separately from husband

@ Central Processing unit 

you are thinking in terms of your self  and what do you feel your daughter does not require a father . Does a child not seek the love of both her parents . Any extra Martial affair or what ??

As the differences are between you and him sort out the same or seek Divorce or Mutual consent divorce which ends within 6 months.

But for your daughter there is a law where in one would gain custody and the other visitation and this law is enforceable and you can do nothing to stop the same . I dont think so there should be a problem for you in this case as you only dont want to stay with your husband only  

No law can force a person to stay with the other un-willingly . 

1.    Under Civil Family Laws if assuming parties to be Hindus he can pray before a Family Court under S. 9 of Hindu Marriage Act to ‘restitute his conjugal rights’. Force is not applied by a husband nor by a Court as it is personal wishes of other party to live or not to live when S. 9 HMA case is on trial.  

2.    If under such circumstances if you donot wish to return back to your husband then state the same before the Court and Family Court may send parties to mediation - marriage counselors - reconciliation and still if you donot wish to live with him then same statement of no can be stated and based on emerging facts of parties to such Petition a Family Court may later announce a Judgment and there is no need of any legal action to take by you just to say I don't wish to live with him other than you filing an independent Divorce petition as per parties personal Laws using the grounds available under parties personal laws to seek divorce from husband.

3.    If in his RCR suit matter Judgment comes in favour of him then he needs to Execute the Judgment where by a Execution Court will ask you to return to him. You may still resist by saying no, if intention is such. Then even this Court cannot compel you to live with your husband.

4.    Behind para 3 in the event you donot return back to call of a Execution decree in RCR suit matter then it leads him in seeking decree of divorce within limitation period which is 1 year post decree announcement and execution in his favour and in such case same ground to seek divorce is not available for you.

5.    The future question of seekign interim maintenance to you and for the minor child can be addressed in Family Law the moment he files RCR. Further to this the custody of minor and or during such time visitation rights of minor to natural father etc. questions can also be addressed under same Act (HMA) the moment he files RCR.

6.    Generally if parties are not cohabiting as husband and wife for long duration then it is advised to leave each other from bonds of marriage by opting Mutual Consent Divorce which is shortest remedy if amicably they agree on various terms and conditions of parting instead of keeping a non-cohabitated marriage alive. 

@tajobsindia...sir i want to live with my husband ....i m since 8 months living with my parents ....how can i file RCRor any such.......bt one ques is also inmy mind that if i file RCR  if he  not want to live with me then what will be the courts ordr ...sir i doont want to get divorce so how can i walk ahead......i have little sweet daughter of 15 months ....

Stanley, what if father is not at all having love for his daughter? wht if husband cruelly beats his wife?

Stanley, i wish to comment abt ur statement   Any extra Martial affair or what ??

y ppl like u think, woman cannot live without a MAN

y ppl like u think, woman cannot earn bread n butter for herself n for her kids

y to under-estimate a woman

if some woman's husband is cruel 2 her, nt loving, nt respecting herself as well as kids and she is ready to live without her husband, she is ready to tk responsibility of kids, y there should always be EXTRA MARITAL AFFAIR ??

Emergence of Contradictory statements 1. Post 1 you state you are willingly staying away seperate . 2. Post 2 you state cruelty which was not stated earlier . 3. you want husband to be be your slave with your statements in Posts 3 Statements of independence and dominance . Marriage is about two minds getting togather . 4. In majority of the cases over the years when a spouse tends to stay seperately you will see the emergence of affiars taking place which is nothing but human tendency .

Originally posted by : CPU
	Stanley, what if father is not at all having love for his daughter? wht if husband cruelly beats his wife?

Hi......... If father is not having no love toward kid, then there is one wonderful case that you can put on your husband, which is called 498a, there are other lovely cases which you can file like DV case, couple of maintenance cases IA, 125 crpc etc.

In all of these applications you mention along with your blah blah.. the main intention of filing this case is to create a sense of love and affection towards the kid as the father does not have it in him, I pray this honorable court to make him love the kid. In the interest of justice and equity.

You file these cases each with 1 week gap.

By the time you file 125 crpc case, your husband will be licking your sandals with profound love and affection and will always be at your knees, make him such ur pussy also, you are the winner !

No law can force one person to live with his/her spouse

No law can force one parent 2 love his / her child

Thank u Helping Hand for such an expert advice

@CPU,

Before filing for such cases (498A etc.,), think from your husband side also he can go for divorce too!! Do you want permanent separation from your husband? If so, then try in a better and amicable manner and sort out your issues.  

Just question yourself once, If you file such cases, does he really loves you and your daughter? You'll be troubling yourself, your husband and your daughter's future too.