Divorce for newly married
Guest
(Querist) 24 October 2011
This query is : Resolved
My husband is has left our home and he is not coming home for past 4 days.I complained to police and when the police called him he said he s going to apply for divorce and will not come to my home.He said me "i won cum to our home.I m going legally". We are married 7 months back. How to avoid this divorce?
Devajyoti Barman
(Expert) 24 October 2011
File a suit for restitution of conjugal rights.
Guest
(Querist) 24 October 2011
:(. i really cant understand wat u r sayinh. I am not a law student. What should i do?
Devajyoti Barman
(Expert) 24 October 2011
Engage a lawyer and ask him that you want restoration of your marital life.
If you married under Hindu Marriage Act then suit would be under section 9 of the Act.
You can in the meanwhile have a glance over the Act as it may come handy to you in the long time lying ahead.
ajay sethi
(Expert) 24 October 2011
why does your husband want a divorce? are you staying in your husband place?
if you refuse to grant him divorce it will take him years at least in mumbai to obtain a divorce .
try to talk to his parents . find out why he wants to live separately
Sankaranarayanan
(Expert) 24 October 2011
yes you will approach a nearer lawyer and explain and share your problem. he will guide you all
Guest
(Querist) 24 October 2011
We are chennaites.We Live in chennai(me and my husband).He s creating a lot of problems and his parents are forcing him to do divorce. He fought with me and left our home 4 days back. i didnt get any petition still. But he s not coming home
ajay sethi
(Expert) 24 October 2011
he will have to stay separately for a year to apply for divorce . in the meantime you send emails to him /letters requesting him to come back as you want to stay with him and dont want any divorce
Guest
(Querist) 24 October 2011
oh..
We are just 7 months married. Is t allowed for him to live separatly or depart from me?
I dont want to live separetely. Want to live with him. I have 2 elder sisters and 1 brother and my parents are patients. It will spoil all their life
Guest
(Querist) 24 October 2011
@sheik - agree wat? cant get u
prabhakar singh
(Expert) 24 October 2011
No divorce petition by husband can be filed just now.
However it's urgent for you to find out amicably the issues which created such a problem with help of relatives and Ngo working in this sphere.
Guest
(Querist) 24 October 2011
Prabhakar, he always fights and says that he dont want to live with me. His parents also force him to do so.
If he cant file the petition now, can i register complaint in police station to ask him to come to our home?
ajay sethi
(Expert) 24 October 2011
no you cant force him to stay with you . however you cna file a petition for restiution of conjugal rights that you want to live with him as hsi wife
Shonee Kapoor
(Expert) 25 October 2011
1. You can not force the other person to stay with you.
2. The divorce case by him is still not presentable in court of law, as marriage is not even 1 year old.
3. You can contest this divorce case to deny him divorce.
4. To further complicate matters, you can file a case u/s 9 of Hindu Marriage Act, which is Restitution of Conjugal Rights (Basically asking the other party to come and live with you through court). I personally find this remedy ineffective.
But I would request you to include both families and resolve this issue/ dispute amicably.
Running to courts for years long battle is not in the interest of anyone.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 25 October 2011
@shonne- thnk u sir.
true. people don lik to cum to court,
but the issue is his family also forces him to do. so no use of askin his parents
3. You can contest this divorce case to deny him divorce.
whats this point? how to do this? u mean RCR in this point?
prabhakar singh
(Expert) 26 October 2011
Mr. Kapoor meant that if he files a divorce petition in court against you,then you deny his allegations and grounds set up by him for divorce and lead evidence against his grounds and in support of your reply.
Devajyoti Barman
(Expert) 26 October 2011
In counterclaim of the suit e of divorcfiled by the husband one may claim for RCR.
Shonee Kapoor
(Expert) 26 October 2011
Dear Lady,
I meant in point 3, the following:
If he ever files for divorce, you can contest the case by saying all his allegations are false and hence no divorce should be granted to him. You don't need to file RCR for the same. You can simply deny his allegations.
Though sermonizing is not something what I relish, but here is something to think about.
A man and woman, or just one of them doesnot want to stay with other. There are two ways further a) One forces the other person to stay with him and other person runs away further. b) Both of them sit together, one convinces the other about the futility of remaining in the relationship or get convinced that the relationship is still workable and beautiful.
I am not very fond of going to courts, but whenever I go, I find so many people prematurely greying fighting cases which has no end. And even if they would end after years, the psyche would be so scared of warring parties that they won't remain fir for other relationships.
When I was thrust false cases, I insulated myself so much from the processes, that I always took as if I am fighting someone else case. I carried on my work and other relationships as they existed before these cases. Time freed was used for studying law and honing my other skills. Not sure whether I am still as sane and as innocent as I used to be, but I want to be.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Querist) 27 October 2011
i have not got the notice/petetion yet to my home. But i heard throug my lawyer (my lawyr called his laweyr) that he had given case that "our marrig s null / void. She s not allowin me to take official tour. and she tortures my parnts. so need divorc."
he sent me notice befo marriag that he s not intertd to marry. So cancel, don force, lik that. We went to that lawyer n spoke to him and my hubby acepted that he loved me n married me earlier n acceptd to marry me as per society marrig.
now he has filed for divrc case thro this notice as thr was no reply to this notice in papers.
Whn i went his home, his relatvs(uncle) scoldd me with all bad words. even he did it. i toleratd everything.
He is nto pickin my calls. And dunno whr he s now.I am really fedup now to hear all this..
whn his relatives illtreated me it was watched by all neighbours. And even one police constabl came thr n resolved the issue but didnt file any complaint.(no paper proofs) Is that sufficient to file case against him n his parnts?
