Divorce

Dear Client,

As per what you've shared, your husband has filed a petition under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights. You may oppose the petition by showing that you had a reasonable excuse to live separately. The allegations of sexual harassment, verbal abuse, and mental cruelty, if supported by evidence, may be relied upon as a defence in the proceedings. You may also consider seeking appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005, and, where the facts disclose the commission of an offence, pursue remedies available under the Bharatiya Nyaya Sanhita, 2023.

I hope this answers your query.  

For any further assistance, feel free to contact OLQ.

Dear Client,

As per Section 9 of the Hindu Marriage Act of 1955, a petition for Restitution of Conjugal Rights (RCR) may be defeated by showing a reasonable excuse for the withdrawal. The heinous marital cruelty due to sexual harassment and emotional abuse in the marriage can be defended in the case. Moreover, the defence can be laid out in a written statement, where the grievances can be set out for contesting the RCR case. Additionally, protection orders, residence orders, and maintenance orders can be filed separately under the Protection of Women from Domestic Violence Act, 2005, or under Section 85 of the BNS through an independent complaint. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you