Response

Nature of Disposal: Contested and Allowed means that the case was contested by the client and agrued in the Court and the prayers seeked by the petitioner i.e. the client’s husband have been granted by the Court.

The client’s husband seeked that the client resume residing with him and their conjugal rights be restored and the prayer was granted by the Court.

The client has the right to stay in her shared household with her husband even if she does not own it or does not have any right over it as mentioned under Section 17 of the Protection of Women from Domestic Violence Act, 2005, so she has the right to stay with her husband in the United States of America.

The client can file for a restitution of conjugal rights as mentioned under section 9 of the Hindu Marriage Act, 1955 if her husband has not been responding to her and refusing to take her to the United States of America to stay with him.

She is also entitled to be maintained by her husband as mentioned under section 18 (1) of the Hindu Adoption and Maintenance Act, 1956 and hence she can apply to seek the same, she also has the right to seek maintenance for herself and her daughter under section 125 of the Code of Criminal Procedure, 1973.

The husband of the Client is bound to maintain their daughter as mentioned under section 20 (1) of the Hindu Adoption and Maintenance Act, 1956.

Reference: 1. Protection of Women from Domestic Violence Act, 2005
Section 17

2. Hindu Marriage Act, 1955
Section 9

3. Hindu Adoption and Maintenance Act, 1956
Section 18 (1)
Section 20(1) – 202100289-20210041-14525 –

LAWAYZ-2023-502