Esita Mahapatra 09 September 2017

my husband wants divorce but I don't want to give

my husband wants divorce but I don't want to give. If he does a case, will he get divorce?what is the way not to give him divorce?

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9 Replies

SUNIL KUMAR (apprentice) 09 September 2017

Your enquiry is very theoritical You haven't mentioned your complete details whether you are living with your spouse or what are the issues Divorce depends upon merit of the individual cases

Anand Kumar 09 September 2017

1. If you are not staying together or if he created such a scene that you had to stay alone or he himself left your company, then you can file a case under section 9 of Hindu Marriage Act, 1955. 2. I would not suggest you to file any criminal case like section 498A, IPC or of domestic violence because these cases eventually results in further worsening of the relationship with least possibility of reconciliation. Best wishes. Anand Kumar Advocate New Delhi

Kumar Doab (FIN) 09 September 2017

Either of the spouses can proceed per provisions of personal law that is applicable.

Which personal law applies in your case e.g; Hindu!

Kumar Doab (FIN) 09 September 2017

Same Query;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=153746&offset=1

Kumar Doab (FIN) 09 September 2017

Contested divorce is on merits..............

JasRaj Rajawat ( Advocate) 10 September 2017

If you are not staying together or if he created such a scene that you had to stay alone or he himself left your company, then you can file a case under section 9 of Hindu Marriage Act, 1955. 2. I would not suggest you to file any criminal case like section 498A, IPC or of domestic violence because these cases eventually results in further worsening of the relationship with least possibility of reconciliation So please first try for restitution of conjugal rights U/S 9 of Hindu marrige Act1952. Best wishes. J S Rajawat Advocate

Read more at: https://www.lawyersclubindia.com/forum/my-husband-wants-divorce-but-I-don-t-want-to-give-153747.asp

Raveena Kataria (Advocate ) 12 September 2017

Please refer to section 13 of the HIndu Marriage Act which lays dowm the various grounds upon which the petitioner could be granted divorce, such as adultery, desertion etc. If no grounds are available to your husband, he cannot force you for divorce unless you yourself consent to it. Best that you talk through to your husband about your future options.

Esita Mahapatra 12 September 2017

He is staying out of India now for his work and I'm in India for my job.we are not staying together for the same purpose.the main problem between us is my in-laws intervention. In that course we both can not respect eachothers family.now he wants a divorce from me. He is not even ready to take me even if I arrange leave without pay. he only wants divorce and not ready to listen to anything. Is there any way he can be compelled to take me with him?

Raveena Kataria (Advocate ) 14 September 2017

Well, there's a provision for a situation like that provided u/s 9 of the Hindu Marriage Act. However, even if you've somehow been granted RCR will not necessarily imply your husband shall comply with the decree (non-complaince of which doesn't make him criminally liable and will only work towards providing you with another ground for divorce.) Best that you sort this out with your husband only, there's not much choice if he doesn't concede himself.