What a woman could do?

Without your consent he cannot take a divorce.  If he wants dirove then he will have to file divorce petition in the civil court against you.

If you refuse to give consent for divorce, he will be constrained to file a contested divorce against you, which may take years and if there has been no fault on your part in any manner then getting it would become a practical impossibility for him. In addition to this - if you are unable to maintain yourselves then you have a right to seek maintenance and litigation expenses from your husband if your conduct has been upright. 

@ Author,


1. Instead of ideating that Prince charming will come back to garden of Eve take some pro-active steps if you think you are in right side of marital obligations of a wife.
2. File a simple application under S. 9 of HMA in Family Court within whose jurisdiction you are residing currently. S. 9 HMA is filed for seeking “restitution of conjugal rights” in matrimony.
3. With this civil Application what will happen is that after serving notice matter and on next date of hearing if he / his side makes an appearance in Family Court then re-conciliation will happen mandatory for both couples to reconcile their matters amicably. There do apologize for few womanly mistakes and say they were not that big a sin to warrant “divorce” hence give more occasions to interact with my husband in these reconciliation proceedings and express wish to maintain matrimony instead of breaking it with a whip of one persons decision.
4. The reconciliation proceedings under handiwork of trained Counselors will help both parties to see through the light and may happen that a marriage gets saved.
5. If it does not happen and in days to come you win your marriage restitution suit and if he still does not join then ‘divorce’ was what destiny had in mind. Accept that and part graciously. There is no fool proof whip Legislatures have designed that marriages are made in heaven and parting takes place on Earth so accept that.
6. Meanwhile if both are in different districts and or different States as of now living then few Transfer Applications to transfer your suit matter to their place of residence may be filed from their side. Generally Higher Court(s) listen to woman than man in such matters. Hence not much to worry there.
7. It is rightly said by one ld. member above as his reply that if you are hand to mouth then with your S. 9 HMA you have a right to file for S. 24 HMA i.e. interim maintenance during the suit matter as well as litigation expenses. Both are legitimate rights for real abalas.
8. Above sections of civil laws are safest showcases to expect to maintain harmonious matrimony. If extreme steps you want to take then your advisor circle are best to listen / act to and with those extreme steps  matrimony is not saved instead it gets broken sooner than later.
9. The Act under which above sections of spousal rights are suggested are social gossip name wise comes under realms of Civil litigations and any laymen upon hearing of civil case file kiya si usne gets less intimated against usage of CrPC (The Code in short) and or IPC (The gender bias weapon of vamps tuned abalas) which disturbs in-laws more than husband J
10. Ultimately Bharat Ratna DV Act, 2005 hai ji usse bhi pura pakka kaam ho jayega.


Choose wisely usage of sections of Law – discuss as in chamber with a seasoned advocate / search from LCI Lawyers database one that fits your bill – then act accordingly and no set formula can be given in your current status report before us is my view.   

thanx 4 d sooner reply..

sir, plz frankly reply my 2 queries that is

1) it right for me to go nd live with him in his house whether he wants or not, without invoking any legal right first?

cz i only want to live with him only nd not ready for divorce at any cost..

2) suppose he file a case against me for divorce then how much time it will take for him to get divorce

@ Lady,


Let me try to make reverse case out of your second reply so that you understand in laymen's way answers to your two questions;

For your first question:-

1. Right now all your legal rights are in Books of Law. Your rights are for shelter and food read with clothing, medicine and restitution of your conjugal rights.
2. You have to create before eyes of Law your rightful rights which also includes right to residence in a shared household where your husband resides or alternate residence, maintenance for food and clothing (i.e. if you are not earning an income for yourself) and right to live in dignity in society.
3. Whether your husband likes you or not you are his legal wife till some Court grants either of you Decree in Diovrce proceedings (i.e. Court only can dissolve your marriage). Go and force yourself upon him as his legal wedded wife. Least a unpleasent scene will get created on the spot. Bear it if you donot want a legal paper (Protection Order) right now. When it is unbearable in longer run, 100 # hai na in GGN and GGN police PCR is just 10 minutes on an average away to come and rescue you.  That is where legal rights evidence gets created for the eyes of Law.
4. One PCR comes they will resolve for the time being your legal rights to live in a shared household with your husband. For making such legal rights of a legally weded wife permanent ultimately you have to take recourse of Domestic Violence Act by way of filing a Complaint directly in GGN's Magistrate Court which I wanted to avoid earlier telling you. I was thinking that Civil remedies should always be exahsted before taking recourse of remedies under Criminal laws. But you didnot understood my earlier step-by-step simple reply so I'm rephrasing all of them and adding to the point what you should do as in above paras which thus replies your first question.


For your second question:-

1. If he files a Divorce case upon you it will take average 3 - 4 sometime 5-6 years to get decided either way (divorce allowed OR dismissed is what I mean here). If it is allowed then it is divorce from him and you are free to remarry or whatever pleases you, you can follow to do afterwards. If he does not get divorce then what ? You still have recourse to go and stay with him - is it not so? Or ask maintenance - is it not so? Same facts again gets repeated here also with no clear solution to both of you unless parties act to solve their issues pro-actively instead of taking a position "mai to divorce nahi dungi chahe kutch ho jaye ji".[I will not give divorce to him come whatever happens] Well the life that both will lead in case no divorce granted is worse than social divorce to live for in anxiety now.

Above are shortest that could be ansered for your two question. You take it in whichever way you want to understand it now.


Also hire an advocate from reference / search database of LCI Lawyers search and get your legal rights rightfully given to you via Court.  Sitting at home following your respected father's old civil thoughts will not solve your matrimonial mess. If you want to listen to your father then atleast donot ask a question here instead send neutral mediators to them to resolve the issue! In today's 22nd. Century by saying "I don't want to give divorce" also does not solve your problem.

Good luck. 
 

You have to file complaint in Police Woman cell for RCR.

OR

File RCR in Family Court.

thanks @tajobsindia sir...for d reply..

how many years take for a divorce if wife is not ready at all??

plz do reply

Women are seen favorably, if you approach the court with clean hands. If you try to level wrong allegations then it is different story - that is one of the good things woman can still rely on.

She can do many things but all are useless.

Woman can not win her husband heart even though she put 498a,dv , 125crpc blah blah blah...

Our government,woman organisations, law all support woman but they forget man is a man.

Girl should try to adjust in husband family. If they are greedy file cases on that not for money but to teach them the lesson so that next girl will not suffer but no girt do for fighting she do for money as money  is honey for them.