You will have to challenge that order and will have to file divorce. He has got ex parte order in restitution of conjugal rights. You can share the details so that I can tell you the specific way to proceed.

The court can not force you.

Regards

You cannot be forced to stay with your husband against your wishes

2) you can file application for setting aside exparte decree for RCR if you were not served with notice of pending case

You can challenge the order being passed exparte. So that the order is dismissed and the matter is heard on merits. Also you can separately file a divorce case.

You can contact me for further assistance.

Resgards

It appears court has passed order for substituted service ie by paper publication in 2 local newspapers

2) summons have duly served upon you

3) file appeal against impugned decree

1. it appears that decree of RCR is allowed agaisnt you.

2.if that is so then you may consider staying with him for the sake of survival of marriage.

3.however if you do not feel like staying with him anymore then no law can force you to do so.

4.in that event after one year he can apply for divorce.

Since this is an exparte decree, file an application for recall and setting aside this exparte restitution of conjugal rights decree by way of preferring an application under order 9 rule 13.

Hii, you can his petition on the grounds of mental and physical torture... If he do not agree for mutual divorce file a contested divorce on the grounds of domestic violence

1. No court can compel either husband or wife to live with his/her spouse. You have every right to stay separately from him.

2. It seems that a decree of RCR (restitution of conjugal rights) has been passed against you. Although you are not obligated to cohabit with him even now, but if you do not return to him then your right to claim maintenance will be foreclosed. Furthermore, if you do not resume cohabitation with your husband for a year from the date of decree then he will be entitled to file a petition for divorce on the ground of your default.

1. It seems that an ex parte decree has been passed against you by the court as your husband may have suppressed the summons through hanky panky means and ensured that they returned served with an endorsement that you did not accept it.

2. You have to apply to the court within 30 days to set aside the ex parte decree.

Did you receive the notice under Rule 22 of Order XXI of the Code of Civil Procedure,1908, mentioning the time for complying with the decree of restitution of conjugal rights fixed by the Court which passed the decree?

Refusal to obey the order for restitution of conjugal rights would lead to a petition for divorce on the grounds of cruelty by the husband, however you cannot be forced to live with him against your wishes.

In the court order it says that they sent me notice .. But I didn't received it. And since the notice was undelivered, they say they had published in newspaper. We don't seen that in newspaper too..

This is an exparte order agaisnt you.

You have chances to file petition to set aside the same and fight for your cause on the basis of merits in your side.