Divorce due to desertion
Guest
(Querist) 13 April 2013
This query is : Resolved
Hi experts ,
Me and husband have been living separately for the past 3+ years due to incompatibility issues. he was extremely narcissistic and i decided to move out as it was harming me and my child. He wanted divorce and I agreed for mutual divorce and told him that i dont want any alimony / maintenance for me or my child , but i wanted get complete custody of the child . he agreed to this ( as he has anyways not made any attempts to meet my child during the separation period ) .
He has however gone ahead and filed a case for divorce due to desertion / cruelty.
I am not able to figure out the intention of this application when i have already agreed for mutual divorce.
What could be the intention ? Will it give him any additional advantage?
What i should i be doing next to protect myself and my child ? ( i have already contacted a lawyer and he advised me to goto the court on the hearing date ).
I am not interested in filing any unwanted cases against my husband as I want to end this in a dignified manner and want to keep it as straight as possible.
Thanks for reading my story and any suggestions welcome.
R.K Nanda
(Expert) 13 April 2013
defend his case strongly in court.
Raj Kumar Makkad
(Expert) 13 April 2013
You are not interested to file cases against your husband.....it may be true but what if he files?
You shall not wage war against Pakistan but what if Pakistan wages it?
You should not insist over your thoughts which are not in consonance with the thoughts of your husband. He is kidding you only.
You need to strongly oppose his case by filing a written statement and even filing application under section 24 of HMA seeking maintenance for you and your child. all such strong actions shall pressurize your husband to come for MCD.
Dr J C Vashista
(Expert) 14 April 2013
You have no alternative but to contest the case filed by your husband.
File as many cases as you can i.e, maintenance for child and yourself (if not working), cruelty,maintenance pendant lit,etc. so that he should come for an amicable settlement on your terms, otherwise you are alleged with cruelity, desertion etc. which is inappropriate in your case.
Seek expert's advise locally.
prabhakar singh
(Expert) 14 April 2013
He has triggered the war.But you have already stated you do not want to slap on him counter cases.So it is purely your own wish.I would not like to insist you to do what you do not like to do.It is your domain
not ours.
Then looking upon your own intentions i find
you want two things a cool part and custody of your child for which you both were ready for MCD.
You say you do not want to slap him with maintenance also not even for your child which leads to suggest you are well off and sound with purse to meet needs on your own unless you are extremely sentimental to go passive on all fronts of your rights.
You wanted MCD but he has filed DIVORCE cunningly charging you with cruelty and desertion.He in fact has read your mind.
It is here I would advise you to file a written reply denying all charges made against you in his divorce petition and stating facts you have against him.After doing so you can ask the court that as you do not wish to live with a man who ill treated you yet falsely charged you of desertion and cruelty,you do not have any objection if relief asked by him is granted as it was mutually agreed between you two
to file a MCD which he betrayed for reasons best known to him.
i say so only that not enforcing your right is your choice in which none of us can compel you.
But admitting false charges of desertion and cruelty is like a sin in name of passiveness of the sentiments.
One thing more,if your decision not to seek alimony or maintenance from him is also due to passive sentiments and NOT due to financial capabilities of your own,THEN YOU SHOULD THINK THRICE TO REVIEW IT ELSE LIFE AHEAD MAY PROVE DIFFICULT FOR YOU.
V R SHROFF
(Expert) 14 April 2013
You must appear before Court and file your Written Statement.
Let us help judicial process and justice.
You must apply u/s 24 for mtn pending litigation' Later you can offer to go for MCD [ auto converting to ]with your consent term of no custody of child to him.
This is the best action you shd take.
ajay sethi
(Expert) 14 April 2013
appear on first date . case would be referred for counselling . tell the counsellor that you are willing for divorce by mutual consent if your husband with draws all allegations . keep your written staement ready denying all allegations of curlety etc levied by your husband .
Guest
(Querist) 14 April 2013
@ all experts,
thanks for all the suggestions.
few points
-i am not rich and i am form a very middle class family.
-i am working and earn just enough to meet our needs.
-i dont want maintenance for sentimental reasons
-he wanted MCD initially and i agreed as i didn't want to create any messy scenes and wanted to live peacefully . I dont care even if i dont get MCD / divorce i dont intend to get married again .
thanks for all the suggestions.
should i file a written petition on the first hearing date or even before that ?
i will also think about filing maintenance as looks like thats the only way to protect us from further trouble.
thanks again.
Guest
(Querist) 14 April 2013
@exerts,
I just read the comments more carefully and understood that i should file the written petition on the first hearing date.
thanks.
ajay sethi
(Expert) 14 April 2013
your reply ie written staement should be ready . engage a local lawyer and let him file appearance on your behalf . if your husband wants divorce he would agree for MCD . if you dont agree for divorce case will go on for years .
Devajyoti Barman
(Expert) 14 April 2013
You need not file WS on the first hearing date. You can file it at your convenience within the next 90 days.
Apply for maintenance u/s 14 or u/s 12 of PWDV Act which is more stringent law.
Guest
(Querist) 15 April 2013
thanks for the suggestions. i will do the same.
ajay sethi
(Expert) 15 April 2013
thanks for your appreciation
