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(Guest)

Seperation or divorce

My husband wants a divorce now although I do not want to give him at the moment. I have a 3 months old baby , since I have not been giving them my salary while staying at my parents place (since 4 months) , my  inlaws  are annoyed .Moreover they are not happy with a baby girl.We have been married for two years and these two years I was forced to give him all my salary

 

Now he wants to wash his hands off me  by returning my own money to me.Can someone advise me as to  what are  the options i have as i do not want to give him a divorce.Can i ask for a  lega; separation or deny him a divorce  if he files for it.



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 21 Replies

Mani Law (Legal)     30 November 2012

Not very clear from your post are looking to deny divorce than why you at your parents home.

He troubled you for salary so you need sepration?

Does he filed divorce case against you.

You have a child go for a marriage counselling and take a mature decision. 

1 Like

Tajobsindia (Senior Partner )     03 December 2012

 

1. Best would be to factually place facts in a petition and seek “separation” along with "child maintenance" and post extended maternity leave say after 1-1/2 years rejoin job or search for new job.  

2. To your related thoughts which you aired; if he files divorce using as per law grounds and if you do not want a divorce then you can always resist the same and alternate relief from respondent (wife) based on factual facts emerging would be to pray for “separation” to heal the young marriage. Persuasive pleadings from your camp may lead to “separation” which is better option currently is my view since you are a first time mother in not so old a marriage and also an independent mother. 

1 Like

Msk-need -nuetral- laws (self)     03 December 2012

Hi Sunisu,

Your question is not clear. However beased on my understanding,

Q1:

I think your question is, since you are on maternity caring period at your mother home, will thet period is covered for desertion for divorce if your husband files on that ground for divorce?

If this is what you need answer, absoultely he cannot. As you have valid reason fo caring your baby for minimum 6 months period at your mother home, moreover minimum 2 years continous willful desrtion required to file divorce.

second, if you want sometime to be away from your husband , what is the  legal option available?

I think, you need to consult good lawyer for this. send notice to your husband saying that you will rejoin him on so and so date after taking care your child at mother home highlighting the reasons of your extended stay, or send notice seeking residentail right to join family life on so and so date when you want to rejoin

Regards

Mani


(Guest)

 

Thank you all for the replies.Really helpful.

I lodged a complaint in police because me and my family tried  to  have a mutual talk and settle this issue.Since my husband and family was not ready to even talk , i lodged a complaint against my husband just to make him come here.Initially I did not want to give him a divorce just thinking about my baby. Thought if incase he changes his attitude someday.For him life is only about earning and saving money. All he wants at the moment is to get rid of me and remarry asap.

At present ,all I need is some peace of mind and some good moments with my baby. Since he has all my savings plus my gold ornaments  and even my certificates are with him , what’s is the best way I can get these from him. I am really really looking for a better life and no more mental torture.

I am ready to give him a mutual divorce if he is ready to return my things.But he does not believe me. I am not sure if it is just pretence to retain my things and money after getting a mutual consent for Divorce. What is the best way I can assure him that I won’t withdraw .

 

All I need is my things most importantly my certificates after which I can sign any papers which he wants me to sign .what is the best way that  I can reassure him that I wont change my mind and he can go ahead with his life and I will never ask for any money or property or anything  which  is even remotely connected to him and is only  a source or  material to live this life.

Practice Law (Law)     14 December 2012

SuniSu,

Who want divorce? What complaint you filed and in which state you filed it.

go for mediation center and call him there for the discussion and take a wise decision.

1 Like

Msk-need -nuetral- laws (self)     14 December 2012

Yes, call through mediation centre, and claim your belongings certificates, jewels, and money. And assure him MCD.

even in MCD, honorable judges will not accept unless there is maintenance for your child inspite of your earning capabilityShe deserves legally. he cannot wash his hands because it is girl baby.

We are all here for rightly deserved victims.

all the best for your kid  and your future

.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     14 December 2012

Do not be in a hurry to sign off papers of divorce. You are no more single, but a mother of a child. As you rightly think, for your child's sake hold on to the marriage. This type of mentality among men is common, but curb if by not agreeing for divorce. Negotiate well and let him share your child's responsibility. You have several optiions in law, explore them and do it on your terms.

Vandana Vaidya.

Advocate


(Guest)

Thanks all for the suggestions.

Today I had a discussion with my lawyer and as per him,I should agree for MCD and later on take time (6 months) to think whether I need to hold on to his  relationship as  my husband  would return  my certificates only if I sign the MCD .Once the divorce is declared  he would return my money and my ornaments 

My lawyer has given me below options -

a) Sign the MCD and get the certificates and get the rest of the things after divorce (probably 6 months from now)

b) File 498a against him 

c) File a case against him for getting back my things.

I am from Kerala and my husband and his family is settled in Mumbai although they hail from Kerala.I left my job and moved to Mumbai after marriage to live with my husband and in-laws. Infact they forced me to leave the job and find another job in Mumbai after which my husband demanded all my salary (until now) at the stake of my life with him and my mother-in-law convinced me to let her keep all my gold ornaments.

Can someone please advise what the best option is.

I have chosen the first option as I literally have no money in my hand now  .Since I am on ML I am not paid as well. I will have to now leave my job in Mumbai and look for a new one as I do not want to go back to Mumbai.(I still don’t speak Hindi :P) .I am not sure if my husband's attitude is going to change ever because he has not bothered to ask about our baby even once in last 4 months. Anything I tell him he just repeatedly tells me that he would give my things only after I give him divorce.I see that people go for  a live-in relationship if divorce is not granted.I feel I should let him live  the way he wants rather than forcing him to be in this relationship but my family is not really convinced and they think they he might change after a few years.I am really so confused at this state.

Practice Law (Law)     17 December 2012

You are confused sorry to say this as

Some days back you have written that your want to stop your husband from taking a divorce if  he files for it now you are prepared for divorce

Your husband is annoyed as you not giving him salary for last 4 months now you are saying you  not getting salary because of ML

You filed a complaint in police station and you need MCD

You are thinking about your husband future that he will remarry or go into live in  relationship rather than your

You want to file MCD and than  in 6 months cooling  period you want to decide about whether to hold the relation or not to hold it.

I suggested earlier also go for a mediation in any goverement center and try to draw the conlsuion and take a wise decision  and that to well thought as you are not single now.

And if you go for a divorce than go MCD. In the meanwhile ask interim maintaince from your husband for you and baby girl.

Samuel (CEO)     17 December 2012

Dear Poster:

During the mothering days you both husband and wife  face cruicial time in matrimony. Please don not take any decisions as of now.

Still the point is not cleared, why did you make a police complaint? ragarding? You can get your things back once you move legally+maintanence. However, Please be with good hands to get all your legal advice.

Once you knock at the doors falsely, you will not have a peaceful life. But if truely, you husband had desserted you then take action conciuosly....

May god bless!


(Guest)

 

@Samuel -Thank you very much.

I made a police complaint as my husband and his family was not answering our calls and mails and they were ignoring us for more than 2 months even after multiple attempts to reach them. No one came to see my baby after delivery and no one from his family attended my baby's naming ceremony .When we called up after delivery she just told us that she was shocked to hear that its a baby girl and also born on an inauspicious day (as per them) and my baby would bring bad luck to them .After this they stopped talking to us completely.

Only once I filed the complaint and when the police called them, then did they care to come to my place and have a talk with us.

I complained that my in-laws and husband are not happy with a baby girl and are not ready for any mutual talks. Also mentioned that they have held back all my things and are not ready to return it. After this my husband came thrice to the police station and each time he returned back saying he would give my things. Until I met him in the police station, I was of the hope that something would work out and probably after counseling things would change. I was thinking that I would first take all my things from him, go for a separation and give some more time to this relationship before breaking it completely.

My husband told me that he would not return my certificates and other things only if I give him mutual divorce. Even when we met three times after the complaint was lodged, he never bothered to ask about our baby once. I never wanted a divorce, but I don’t think there is any point in holding on to this relationship and I don’t seem to have a choice as well. My husband wants a divorce and his terms are that I should give him a mutual consent for divorce and only then he would return my certificates. He also told me that  he would return my money and my  ornaments once divorce is declared and he would also deduct around 5 lakh rupees  for my expenses during the time I stayed with him and he has also asked me to return some gold ornaments which he never gifted /gave me  . My lawyer told me that it would take years for me to get back my things and the best option is to agree as per my husband’s conditions. Also  I don’t feel emotionally strong to fight a case for years to get back my own certificates and  other valuables .

 @Practice Law – Thank you. Regarding my ML, my maternity leave is for 6 months and I am paid only for the first 3 months and rest is leave without Pay which will end by December end. I am not aware of any mediation centers here, I will definitely check out this option. In fact I was not aware of this whole concept of mediation and I joined this forum after I approached the Police. Totally new to all this and yes I was really confused.

Thanks again for your valuable suggestions.

 

 

Samuel (CEO)     20 December 2012

Dear Sunisu,

 

I see your explanation carries different version( your version) I find there is gap, from your Husband and /In Law perspective!

As I myself seen many families from both sides let me explain, Encourage you to read and absorb consciously NOT FOR THE ARGUMENT SAKE.

 

@Samuel -Thank you very much.

I made a police complaint as my husband and his family was not answering our calls and mails and they were ignoring us for more than 2 months even after multiple attempts to reach them. No one came to see my baby after delivery and no one from his family attended my baby's naming ceremony.

 

From when your husband started missing phone call/email? Any reason behind? – Just for baby girl??

This sounds silly fight that had been broken out obviously when you are at mom’s house… Wife give less ears and importance to husband after baby born. Husband can’t take it all of sudden. And I anticipate there would have been already a smoke on earlier little issue( Like reluctant to come back to husband house, baby name one sided, gold etc) Once you come to mom’s house wives find an opportunity to take actions!Yes instigation by divine mom.

 

If they are not attending calls or emails if you feel disowned, why you did not try thru Common person/Family elders/Relatives/ Counseling…..? Was complaining Police station a option you had, just because women empower more at police station using bad remark Eg 498a/DV…??? This threatening cant work in matrimony life which is supposed to be life of love!

 

When we called up after delivery she just told us that she was shocked to hear that its a baby girl and also born on an inauspicious day (as per them) and my baby would bring bad luck to them .After this they stopped talking to us completely.

 

Common your MIL is 50+ elders speaks instantly + Phone response would have been interpreted/mistakenly been understood... I see, this is a pure interpretation just to point finger. It is obvious that a pregnanat lady birth could have been a  male/female baby…, Female baby could not even brought a biggest surprise, their  expectation would have been changed- Give a break! If it is true, my view is there should have been more room given to understand their expectation … that should not be a police station.

 

 

Only once I filed the complaint and when the police called them, then did they care to come to my place and have a talk with us.

I complained that my in-laws and husband are not happy with a baby girl and are not ready for any mutual talks. Also mentioned that they have held back all my things and are not ready to return it.

 

 

What do you mean “only once Complaint”? Don’t you realize its too early to step into police station? Now, what did you achieve at police station…, Money speaks there a lot!  

 Police station is end of decision and there is down curve in matrimonial relationship. Still you could have tried among elders! Husbands are not Fraud or culprits it is their emotions and expectation turn down they act silly for some time! Police station would give us( Husbands) a bad shade that would make many of us to see wives like a living/deadly monster. That’s the fact once for all! Wives find a way PS and court are a paradise to bring a temporarily blossom flowers in abandoned life!

 

 

 After this my husband came thrice to the police station and each time he returned back saying he would give my things. Until I met him in the police station, I was of the hope that something would work out and probably after counseling things would change. I was thinking that I would first take all my things from him, go for a separation and give some more time to this relationship before breaking it completely.

 

Is your motive to separate or Reunion or getting back your things? What was the change you were expecting after police station a lovely honey-bunny life with hubby? Patients could have been absorbed and treated these silly misunderstanding in more matured way! You will see in another 5 years, who is a looser.

Things can be earned, the lost fame and peace of mind at police station cannot be restored.

 

My husband told me that he would not return my certificates and other things only if I give him mutual divorce. Even when we met three times after the complaint was lodged, he never bothered to ask about our baby once.

 

If you had decided for separation go for MCD what stops you now? Go for what you wanted to achieve ? Why Cat on the wall now?

 

 

I never wanted a divorce,but I don’t think there is any point in holding on to this relationship and I don’t seem to have a choice as well.

 

Confusion! Never wanted Divorce? So far I have been reading your story that you desperately need a break from husband…, J Where Mother Therasa born now in you??

Common, from the beginning your focus all on your things, Not interested on Husband and husband family, Separation etc.., now sounding you don’t need Divorce, need little help.

 

 

My husband wants a divorce and his terms are that I should give him a mutual consent for divorce and only then he would return my certificates. He also told me that  he would return my money and my  ornaments once divorce is declared

 

May I know when your husband started divorce? After PS complaint or right after knowing its baby girl?

 

 and he would also deduct around 5 lakh rupees  for my expenses during the time I stayed with him and he has also asked me to return some gold ornaments which he never gifted /gave me  .

 

that’s not possible from your husband statement. He can’t deduct any amount, after all married life is not a Paying guest. If he never given anything, let him prove otherwise he will learn his falsehood shortly. You keep telling the fact.

 

 My lawyer told me that it would take years for me to get back my things and the best option is to agree as per my husband’s conditions. Also  I don’t feel emotionally strong to fight a case for years to get back my own certificates and  other valuables

 

Once you are staged to go separate by Law, be strong and prepared for all consequences…. Life is not all about your precious monetary things and physical assets.

 

Ø  You Baby girl life, as she is gonna grow as a wonderful lady in this society.

Ø  As a female girl, she will look for dad’s shoulder.

Ø  You, obviously young, needed a companion to lead in this society…

Ø  Your family now or later feel being single mother.

Ø  Of course your husband, Living thinking on wasted years and missing her daughter.

 

Msk-need -nuetral- laws (self)     20 December 2012

hmm,

Sunishu, 498a is bad option suggested, because, if he claims that you offered dowry and complains on that ground, equally you will also be pulled in legal sections. So your lawyer idea will only hurt you back. Moreover if he starts fighting it, it will drag in court and more hosility will cause further delay.

So MCD, is best, when he is unwilling what options left? nothing; better move on.. MCD with child maintenance is way to go!

Also if certificate is your first need, you can get duplicate copies through a process and later during employment you can tell originals were destroyed in fire accident.

@ gangadhar sir,

when he came to ploice station thrice and refused to give certificates, do you think he will fear for that. Another lawyer accompanying him with AB will give him courage! wrong stratergy! What if he has hidden all remaining belongings elsewhere and deny it once 498a landed as part of revenge? Will police do google search and find out??

please understand men also started using same loopholes, you lawyers showed ladies.

Regards

Mani

Practice Law (Law)     20 December 2012

 

They were not answering your phone calls so you made a police complaint

So you took a wise decision to make a police complaint as conveyed by samuel you be under the influence of your maternal family before thinking about wisely.

When you called them after delivery they were shocked to hear about baby girl

Did your husband and family turned up to see your daughter. so think.

 

I agree with @Samuel that you are not sure whether you wanted divorce or reunion when your husband came to police station.

What i would suggest you is to think about your family you+ your husband + your daughter with a free mind rather than the influence of anybody. And if you need help than go for a mediation center in kerala site is https://keralamediation.gov.in/

These are goverment center with lot of qualified and experinced lawyers to help you reach a wise decision.

If you than feel you need divorce than go for a MCD. As if you file 498a or other cases than you are doing it to your husband but also to your daughter father think about it.

Just remember you guys are not single you also have to look after your daughter future.

Think from parents perspective also.

wish you all the best what you do.


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