rys 18 August 2015

Divorce case under 13 1(a)

My husband sent me back to my parents place forcibly within 3 months of marriage after severe dowry harassment. However he claims in his mails and in front of relatives and friends that due to my arrogAnce I left his house. It is more than a year since I am in my parents house. Our marriage did not consummate since he linked it to dowry which me or my parents could not afford to give them. I faced severe emotional, mental and physical harassment by my in laws and husband during those 3 months and later also on phone. Keeping his faults in dark, my husband filed a divorce under section 13 1(a) saying it as cruelty on my part about consummation of marriage. How strong is his case as grounds for divorce? What about all that harassment I underwent? Also, now I am applying for jobs abroad and the consultant says that the process will be delayed or denied if this divorce proceedings get complicated.

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6 Replies

Laxmi Kant Joshi (Advocate ) 18 August 2015

if you too didn't want to live with him and also wants divorce from him then talk to him through your lawyer and move for mutual consent divorce and get rid from each other, it is easy and fast process to get divorce, if you didn't want to give him divorce then fight the case on its merit and file your ws .

saravanan s (legal advisor) 18 August 2015

since its your husband who had filed divorce on grounds of cruelty the burden of proving those allegations lies on him.collect proofs of his cruelty towards you and by producing those during the divorce proceedings you can prove his allegations to be wrong.

Prasad (Systems Engineer) 18 August 2015

Hello rys...

If your husband, a male, can file a false on you, you, female, can file lots of cases[DV, 498A, etc] on him.

Why dint you file any case so far?

Is it because you still have love and trust on your husband and want to live with him?

Then, talk to him straight. Talk via relatives and friends. Give time.

You will be able restart a happy life with your husband.

Else, pursue him for MCD and leave each other harassment free to start a new life.

(Guest)

Beta,

Court ghoomne se kuch nahi milega, there are no proper toilets also in court complex, better to find someone else and marry take divorce from this nut first, no use having grudge. Court mein justice nahi milta especially in matrimonial cases. Take MCD be happy and marry someone and rethink before remarrying.