4 Answers
Dear
I have carefully reviewed your situation. Please be assured that the law protects you against arbitrary abandonment. Since your marriage took place on November 23, 2025, you have not yet completed one year of marriage. Legally, neither party can file for a standard divorce before November 23, 2026, except under extraordinary circumstances.
Here is how we should proceed to protect your rights:
Do Not Agree to Informal Divorces: Any "family meeting" or community decision to end the marriage holds no legal weight. Do not sign any documents or agreements presented by his family under pressure.
Send a Legal Notice: We can issue a formal legal notice for the Restitution of Conjugal Rights. This will legally document the fact that you were forcefully sent away and ghosted, putting the legal burden on your husband to explain his conduct.
Secure Your Belongings (Streedhan): Start compiling a detailed list of all jewelry, gifts, and articles given to you during the wedding. These belong solely to you, and his family cannot legally withhold them.
Attend Meetings with Support: If you choose to sit for a family meeting, do not go alone. Ensure your parents or trusted elders are present, and keep a record of what is discussed.
If he continues to refuse contact after a legal notice, we can initiate appropriate legal proceedings for maintenance and support. Let me know how you wish to proceed, and we can schedule a consultation to draft the initial notice.
Would you like to draft a formal Legal Notice for Restitution of Conjugal Rights based on these details, or should we explore the draft parameters for a maintenance application first?
I hope this answer is helpful. In case for further queries, please do not hesitate to cntontact us.
Thank You.
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.