Husband withdraws divorce case but does not take wife back

[Anonymous]

Divorce case filed by husband has been taken back by him two months back. But he has still refused to take back wife in the matrimonial home. What can the wife do in such a situation?

[Dr. Ashok Dhamija]

If the husband refuses to take the wife back in the matrimonial home, she has several options, all or some of which may be available to her depending on facts of the case:

• She can file a petition for Restitution of Conjugal Rights (RCR) under Section 9 of the Hindu Marriage Act.
• She can file an application for maintenance under Section 125 of the Criminal Procedure Code.
• She can file a complaint under the Protection of Women from Domestic Violence Act for protection order, residence order, or monetary relief, etc.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts