Husband not permitting me to live with him even after decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act. My husband filed a divorce case on the ground of cruelty and mental disorder. In the same court I filed a case for restitution of conjugal rights. I won the case, my husband was denied entry into the matrimonial home. Now three years have gone. We both are living in Bangaluru but I live in a rental apartment. He also does not give rent of that flat. I am working in a hospital but my husband is a good businessman. As I know from reliable sources his annual income is about fifty lakh. In this situation what action should I take to live with him. He is also planning a second marriage. That’s why my husband not permitting me to live with him.
Asked from: Karnataka
You should file an execution application in the same court that passed the decree of restitution of conjugal rights (RCR). Since three years have already passed, a delay has been caused in executing the decree. Therefore, you should file the execution application as soon as possible.
You mentioned that your husband is not allowing you to live with him even after the decree of RCR. In this situation, he is also committing domestic violence against you. You have the right to reside with him and enjoy the same standard of living as your husband. By keeping you away from your matrimonial life, he has committed economic, mental, and emotional abuse.
You can file a complaint under Section 12 of the Domestic Violence Act to seek a residence order, protection order, monetary relief, and compensation for the monetary loss you have suffered. You can claim relief under Sections 18, 19, 20, and 22 of the DV Act.
It is important to note that you can file the execution application and the Domestic Violence complaint simultaneously. The cause of action for both proceedings is distinct, so they can proceed concurrently. The Domestic Violence case will provide you with effective relief. Protection orders will safeguard you from any future violence or physical abuse, while a residence order will allow you to live peacefully in the matrimonial home.
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