is this divorce case filed by my husband valid/strong enough?
iniya
(Querist) 02 May 2011
This query is : Resolved
About 4 months back my husband and inlaws throwed me out of my matrimonal house,The same day they took my jewels too during day.married for 1.5 years nowmarriage consummated after 11 months as hubby had anxiety issues Around a month later a alliance came for my brother from my hubby's side and it was in initial stages. MIL didnt like the proposed girl's mother so and so we dropped the alliance.she MIL kept suspecting we are proceeding with alliance and poised my hubby's thoughts which made him avoid me. He said no conjugal life for 6 months till he is sure we marry another girl for my brother. This affected me a lot after almost a year of waiting this is what I get. He even stopped normal relationship and conversation with me and I became so much depressed as if a blind getting sight for a day and lossing again. It was that time my mom came to our house to give gifts for a occassion and left the house. on her way she made a courtesy visit to the proposed girls house and unfortunately my MIL saw that. She induced my hubby and made him shout at me and she also shouted and throwed me out of house. My hubby even threated to divorce when I was thrown out and I gave a 498a complaint in the local police. Police gave 3 rounds of counselling and my husband said he is upset cos i went to police and he needs 6 months time to recover. It has been 4 months now and my husband has sent a divorce notice on grounds of creulty saying the 498a police complaint given by me has given him and his family mental torture and he needs relief from this marrige.
Pls temme, does a complaint at its initial stage without FIR followed by counselling for about 3 months contribute to mental cruelty. Does the court consider this as a serious case? or is it something gona turn into my favor as you might have seen in the above posts that it was he who pushed me out of the house in mid of night and made me go to police and he is tilldate not acquitted on my request police is just trying to reconcilliate?
adv. rajeev ( rajoo )
(Expert) 02 May 2011
Still FIR is not filed and lodging a complaint does not amounts to cruelty. Police made an effort to solve the problem.
PALNITKAR V.V.
(Expert) 02 May 2011
If the complaint is based on true facts, that would never amount to mental cruelty so as to give cause for divorce. But if a false complaint is filed, then that may amount to mental cruelty. In your case, the complaint seems to be based on true facts, so you need not worry.
Arun Kumar Bhagat
(Expert) 09 May 2011
You have nothing to worry. Better file a Domestic Violence case against all culprits.
M V Gupta
(Expert) 10 May 2011
Approaching the police to prevent further harassment to u cannot be ground to grnat divorce under HIndu Marriage Act. If any notice for divorce is served on u, u should give a proper reply and express ur desire to live with him as his wife and alsorequest him and his family to allow u to enter the matrimonial house with hounour.
