• Can husband ask from court to stay with wife during divorce

I got married last year in april. I and my husband dont have very good relation we keep on fighting every time and on small issues. But on the same time we love each other a lot. My husband is in merchent navy and i am housewife. I am staying with my inlaws. In sep due to some issues with in laws i came to my parents house. My husband came back in nov. After that he just talked with me twice. After our contunious phone call we called him to meet once. He came to meet with his father. But nothing could resolved. Than we filled case under 13b for mutual divorce after complaint against women cell. Now in dec we did panchayat and decided for return of money. They had returned my gold car and some amount. And rest amount they will return after 6 months. But now we want to stay together but our families will not allow us. Can my husband take legal notice from court to stay with me for min 6 months. So that we can re think on our marriage.
Asked 3 years ago in Family Law from delhi, Delhi
Religion: Hindu
Hi, both of you make an application to with draw the 13b petition or else  both of you stay together you can resolve your problem. The court always discourage the divorce and until both of you give consent court will pass an order.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1) at the time of second motion both husband and wife have to remain present in court . 

2) if either husband or wife fails to attend court divorce wont be granted . 

3) you can also make an application to court to with draw your consent . 

4) once your consent is withdrawn divorce petition would be dismissed 

5) your husband does not need legal order from court to stay with you . he can at prsent stay with you if he so desires . 

6) your families consent is not necessary for  the parties to say together . 

7) panchayat decision   has no legal sanctity . divorce decree has to be passed by court not panchayat
Ajay Sethi
Advocate, Mumbai
45671 Answers
2686 Consultations

5.0 on 5.0

1. If you have ironed out your differences and decided to stay together then you may withdraw your mutual consent divorce petition from the  court.

2. On the next date of hearing both of you can appear in the court and inform the court that you have reconciled your differences and withdraw the petition, whereupon you shall be free to stay together.

3. Your husband does not require any order from any court of law to stay with you. 

4. If your families do not allow you to stay together then take a separate accommodation. 

5. Proceedings before the panchayat have no value in the eyes of the law.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. If both of you have decided to stay together, you can do for which no order of court is required nor it is fit to pass such order.
2. Your family members have no right to such restrictions. It is your life and you can decide on your own more so when it means survival of marriage than breaking it.
Devajyoti Barman
Advocate, Kolkata
12875 Answers
166 Consultations

5.0 on 5.0

Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, hence marriage should be dissolved.

Under these circumstances a Divorce by Mutual consent can be filed.

Steps in Court Procedure

In all there are two court appearances in a mutual divorce

1.	First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2.	Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3.	Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4.	Divorce decree will be granted as the Honourable Court may deem fit.

Check the stage of your application and apply the mind. Your family members have no right to do such restrictions. It is your life and you can take decisions. But having a  Physiological counseling for both of you  is important for log lasting married life .
Ajay N S
Advocate, Ernakulam
2768 Answers
47 Consultations

5.0 on 5.0

Dear Querist
Nobody can restrain to you or your husband to live together there is no need for any court order. follow your dreams and think about the save the marriage with the consent of both of you.

first of think that due to the respect of society you are willing to destroy your married life, if yes then sit tight and wait for six months and get divorce by Mutual consent.

if you are against the parents and society and ready to save the marriage then no need to worry about society and parents go ahead and live with your husband and if there is any possibility to save the marriage and both of you are ready for reunion then go ahead and after six month of the cooling period file an application for withdrawn the divorce petition filed by both of you.

if you think fit then you may call me for counselling and consultation for further assistanece to save this marriage.

if any of the parents are against your decision or against your husband's decision then you or you husband may file a joint application cum complaint before police or court to restrain them for doing these type of the illegal activities against you and your husband. right to life is you fundamental right provided by constitution of india and nobody can snatch the same to you.
Nadeem Qureshi
Advocate, New Delhi
4866 Answers
221 Consultations

4.9 on 5.0

1. Why 6 months only, you two can stay together for rest of your lives as husband and wife keeping on quarrelling with eaxch other and loving each other like most of the marriaed couples,

2. Just do not attend to the 2nd motion after 6 months and no other motion ever in your lives,

3. After 18 months, your said MCD petition will be automatically rejected.
Krishna Kishore Ganguly
Advocate, Kolkata
18520 Answers
449 Consultations

5.0 on 5.0

1. You two are still married couple and will stay as married couple till there is a decree granted by the Court terminating your relationship against your application,

2. If you do not appear on the date of the 2nd mothion which was fixed based on your MCD application, no decree will be granted for terminating your relationship and after 18 monrths of filing the application, it will be rejected for not appearing,

3. So, you will continue to stay as marriaed couple and for that and for staying together as husband and wife, you won't have to take permission from any body or Court,

4. Panchayat has no authority to interfere in this matter,

5. Your in laws also have no right to restrain you from staying together as husband and wife.
Krishna Kishore Ganguly
Advocate, Kolkata
18520 Answers
449 Consultations

5.0 on 5.0

1) You can certainly withdraw the consent to divorce the marriage from the court and there shall be no bar to your continuing to live together.
2) If you have realised that you need to live together why take court's permission to stay together. In other words have no plan for a short term stay.
3) In order to think you don't need to stay together. Therefore if you have made up your decision do not worry about the parents or panchayat.It is your life. Live it.
S J Mathew
Advocate, Mumbai
2247 Answers
110 Consultations

5.0 on 5.0

Both of you being major in age and sane, you can take your own independent decisions relating your marriage.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

Proceeding of panchayat is not accepted by the court and court is free to take final decision on the statement recorded before the court. In the second motion you should plead before the court that you have finally decided to live together and there is no issues left.  Court never supports divorce.  Before appearing in the second motion you should consult together towards you statement in the court. When you both are agreed to remain in married life then ultimately family will be in your favor.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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