Mental torture

Upon readinng (4) above the author can determine if she is entitled to maintenance or not.   It is very important that she and her child need to be maintained if the mediation or the recoincilation efforts fail.

Thanks all for your advises!!

A doubt left in me, what if after all the counselling he still sticks that he need a divorce, can my child get legally 50% of his share, though my hus can enjoy full rights of his property only after his parents death!!

That will be the last step i would take if all other possibilities seems to be flowing in water!!!!

@susanna:  Your child remains the child of both of you for all legal or property related matters, though he can manipulate few things  I can give you specific answers, if you can provide specific details.  Feel free to PM, I am not an advocate by profession and I do not charge consultancy fees!   I would suggest do not think too far into the future and worry about your child.  Please take one step at a time.

Properly arranged counselling will definitely help your marriage.  I would suggest you show your earnest interest in restoring your marriage (ofcourse without hurting your pride or self-respect).  Also the burden of maintaining you and your child (without actually not getting the custody of child) will put some pressure on him and he will think twice before actually parting ways after counselling.    Yours was love marriage.  Something went wrong after marriage.   Your love can be restored back, if both of you start doing some soul searching.   Also i suggest you do not start suspecting or make conclusions about their actions (you stated "I suspect they make him married second time").   It is not that easy.   I believe all this drama is just to extract some money or properties from you.  This can be worked out.

hi 

Pla advise me, my advocate has said to me, if i really need my husband, in the beginning stage we an file a restituition for conjugal rights!

Do you think will i get the right to stay with him or my hus family file somthing against me....

Pls somebody explain to me....i am very much worried...............how many counselling in normal cases????

Nobody can force him to stay with you or you with him, against the wish.  As part of execution of RCR and if he has properties the judge can order attachment of his properties.

He can file divorce petition against you.  What could be the grounds ?

Counselling can go on for 2-3 months depending on the merits of the case.  He can refuse to counselling in which case it is treated as mediation/counselling failed.  What will be your options, if he refused to the counselling or reconcilation ?

how can he refuse the counselling, isn;t that a compulsory matter?

I dont think he will refuse it , i feel when he sees his daughter everything is gonna get over!

So, even i refuse for a divorce ...how long it will take for a finalization, my hus has filed a divorce petition against me for cruelty though he cannot prove any of it!! i certainly feel he has signed the divorce petition because his parents forced him to do so!!! All those cruelties were faced by me from my husband and in laws, even i can prove it!!

i need an appropraite answer for the property which he has in his name (but after his parents death), will the child can claim it?

How can he refuse counselling ?   The judge orders recoincilation as a routine, in all family cases.  However, either party can refuse and the matters proceed to the next stage.  Men and their lawyers have many other deck of cards to play if they want to.

If he has filed for divorce already, then the judge there also orders for recoincilation.   You can also get the divorce peitition moved to the court to your place of residence.   You have to file under section 24 or CRPC 125 for maintenance of you and your child in response to the divorce petition as you are entitled to maintenance.

You are right, he will change his mind once he sees his daughter.  Also, it is unlikely that he will refuse counselling.

If your husband got the property from his father, then your child has right on the property even after divorce.  Your child's maintenance is the responsibility of both the parents (or as per the divorce decree) in proportion to the earnings of each spouse.  Your child will be taken care of well.

Your matter is very sensitive.  It can be solved by talking to your well-wishers or a lawyer who isn't selfish to get you into legal battles for no reason.   Even an RCR can be held against you by your in laws if you think so.   RCR or crpc 125 has to be decided after knowing your complete details and understanding the sensitivity of your issue.

Thanks a lot MRR for the information....

Could u pls explain what is RCR? RCR filed against me by my in-laws?

As i said he can enjoy the full rights of the property only after his parents death, what if his dad changes the property from my husband for a short period of time, inorder to help him not to tranfer any property during the divorce period?

How long the divorce goes on , as long as i am opoosing it???

As per property wise, i have more property then my husband, still can i caim for my daughter??

I cant even think of divorcing him and he living with another lady!!!!!

Pls help me what steps further should i take?

RCR (Restitution of Conjugal Rights) petition is as per Section 9 of Hindu Marriage Act.  What I meant was,  if you file the petition of RCR also (though the intent is to request him to continue marraige),  your in laws can take it as a defamatory action by you.   So any legal action can be perceived as an attempt by you to defame them.   For this reason, I do not see much difference between filing RCR and CRPC 125.  

Divorce process is long if you contest.   It can take anywhere between 3 years to 7-8 years.  

Your properties does not matter.  Your daughter's and your maintenace rests with your husband.  Your maintenance can be reduced or denied if you are earning sufficiently.   But your daughter's maintenance would be the responsibility shared by both of you in proportion to your earnings.

As i said my hus has filed a divorce petition that i am torturing him mentally, without any provocation all bullsh*ts................not at all true....yea i am accepting that quarrels occured between us but that was for a valid reason. My laws barinwashed my hus mind and i believe forced him to sign the papers.

The nxt wquestion is can i put allegation in my reply to the divorce petiotion that thay tortured me for dowry(though they are doing all the bl**dy nos. against me as i havnt givn them dowry)they have asked my parents a com[paritvly huge amount as pocket money for my hus during marriage etc...these are all allegations i wish to put up....but i am not going to file any particular case against them, as i truely need him back to me??

Pls am seeking advice on this matter......i am going to file RCR also... as their are no other means to talk to his family as they are cultureless and they may quarrel with my family if we go for a talk to their house.

@susanna:  First you said you are suspecting that he could be filing divorce and now you are saying he has filed the petition.   

If he has filed for divorce, why do you want to file for RCR ?   The divorce proceedings will provide you for the counselling/mediation or reconciliation and you could utilize that.  

I am so sorry to witness how a beautiful love story turns sour so soon!

Don't initiate any legal proceeding from your side if he has already filed for divorce.When you will be sent for mediation then talk everything there...if he does not agree to rejoin you then try to settle the maintenance matter amicably there..if he doent agree here also then go for filing those cases..

He filed for divorce, but the stupidity is i wasnt @ home when the postman deliverd it, and i didnt mind to get it too...so after a month i happen to speak to my advocate and he somehow took the petition from the court, the first hearing couldnt take place and it was changed to next month,hopefully i will be attending that... so nothing wrong from our side...so my advocate advised me we pretend like that we dont know anything about the petition and we will file for RCR and allegations regarding the dowry and how his parents tortured me!!! So it will have an impression on the judge that i am not willing for a divorce!!!!

Pls advice on this!!

@susanna: Ranee advised your correctly above.  Please dont go for one more court case by filing RCR.  It will only increase your work and stress.

The judge will order for recoincilation/mediation as part of the divorce petition.  You can also oppose the divorce petition with all your allegations and oppose the divorce petition and say you are not willing for a divorce. your

You did not mention your and his place of current residence.  If it's different, you can transfer the case from his court to the court in your jurisdiction. 

Hi

my advocates advised me to file an RCR, so as to show that we aren't interested for a divorce, i accepted it too, today i have to file the petition, hez asking me an amount of Rs 5000/- just to file an RCR in Kerala? does anybody have an idea how much amnt will it cost for filing an RCR, as i feel this is expensive that too for the first stage! if its gonna be like this how can i prvent divorce as i am unable to pay for each petition 5000,10,000 etc as u all know divorce ever ends....

how can one imagine to pay like this for a continuous period of 2-3 yrs as i am nt willing for a divorce...

pls advice me, what shall i do!!! as for now my advcate has prepared the petition now i cnt say to him to stop it as he may feel bad.....what shud be nxt step from my side, as i am not willing for a divorce at all ....