3 Answers
Dear Client,
You husband cannot force mutual divorce on you. Under Section 13B of the Hindu Marriage Act, and Section 28 of the Special Marriage Act, mutual consent divorce requires both spouses to agree and both requires that the parties have been living separately for at least one year before filing that petition. Considering that your marriage is only from 23rd November 2025, and you were sent away on 6th March, a mutual divorce petition is generally not yet maintainable on time alone. Both acts retrict ordinary divorce petitions within the first year of marriage under Section 14 of the HMA, and Section 29 of the SMA, subject to the court’s limited exception powers. If you wish to continue the marriage, you can make a written attempt through counsel asking your husband to resume cohabitation and stop family interference. If he still refuses, you may file a petition for restitution of conjugal rights under Section 9 of HMA or Section 22 of SMA. If you have been excluded from the matrimonial home or have been financially neglected, you may seek remedies under the Domestic Violence Act, especially the right to reside in a shared household, residence order, monetary relief or interim and ex-parte reliefs. Family courts also have the power to make efforts for settlement under Section 9 of the Family Courts Act.
At this stage, do not sign any mutual consent divorce paper or family settlement under pressure. Keep proofs readily available. Send a written message from a lawyer asking him to resume communication and cohabitation. If he refuses, file Restitution of Conjugal Rights. If you are still forced for divorce, state your disagreement and mutual consent divorce cannot be forced. You may seek mediation or conciliation to resolve the issue. I hope this helps. If you have any further queries, please feel free to reach out.
Pls file Petition U/Sec 09 for Restitution of Conjugal Rights, DVC, Maintenance Act BNSS 144.
If you are living in Hyderabad I can help you fight the case effectively.
Dear Client, as per your query, Under Indian law, you have the protected Right to Residence in your matrimonial home under the Protection of Women from Domestic Violence Act, 2005, and cannot be removed or kept away from the shared home by your husband or in-laws without court orders. Since your husband has essentially ghosted you and refused to cohabit with you, you can file a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act and request the court to direct him to cohabit with you. Furthermore, removing you from the home and going "no contact" can also be legally interpreted as mental cruelty and desertion on the husband’s part, and you can apply for Maintenance under Section 144 of the BNSS and also obtain a court Order for Residence Order through the Magistrate court. It is strongly advised that you document all attempts at communication and advice seeking legal counsel prior to attending any high-pressure family meetings, as these laws protect you from being forced to dissolve the marriage on their terms alone. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.