Query about divorce-------urgent
Pooja Bhalla
(Querist) 30 April 2012
This query is : Resolved
my husband of 12yrs deserted me and my children (two kids) over an argument and says he wants a divorce,I made several attempts to reconcile and open a discussion but he is adamant as his family is instigating ,he filed a false police complaint saying I m alchoholic and may kill my children and hence wants their custody as I m mentally depressed ,pls advise as to whether I can file RcR to get him back as all his allegations are ompletely untrue and he has left as I was questioning him on his alleged freindship which he kept hidden with his female collegue ,he says I have been mentally harrassing him since marriage which is completely untrue ,pls advise if I shld file 498a or RcR to get him back ,will appreciate ur earliest reply asap
ajay sethi
(Expert) 30 April 2012
you cant force your husband to stay with you .
file a complaint under Dv act for maintenance , right to stay in shared household , protection order contact a local lawyer
dont file RCR
Sudhir Kumar, Advocate
(Expert) 30 April 2012
You said that “he filed a false police complaint saying I m alchoholic and may kill my children”
You still want to live with him and think you are safe.
Pooja Bhalla
(Querist) 30 April 2012
I do love him genuiinely and what he did was very unexpected and I have still not come to terms with the fact yet ..But however I do hope that he sees sense and realises his mistake..Can he file for divorce after six months of our separation ?
Arvind Singh Chauhan
(Expert) 30 April 2012
Broken hearts never mend.
Six month's separation is not enough to seek divorce but there may be other grounds.
Arrange counseling if you are ready to forgive him for his past and he is ready not to repeat so.
RCR is not solution to join two hearts. It only a legal proceeding which may be beneficial in legal battle.
ajay sethi
(Expert) 30 April 2012
no divorce after not after 6 months of separation .have to stay separate for 1 year . file DV case immediatedly
mahendrakumar
(Expert) 01 May 2012
try to involve some common friends or relative in the matter first before proceeding legally .
Devajyoti Barman
(Expert) 01 May 2012
Always keep in mind that if you want family then cases would never help.
So try to settle.
Take resort to the cases when you are no more interested to keep the family united.
Pooja Bhalla
(Querist) 01 May 2012
I am making several attempts but he says he has made up his mind and is not open to discussion and is telling all and sundry that he will never come back and wants a divorce,pls advise is there any way I can seek counselling via court or other means
SAINATH DEVALLA
(Expert) 01 May 2012
Dear Poojaji,
Is what you have mentioned is the exact reason for your separation?If so are you sure that even if reunited by god's grace he will mend his ways.At this stage RCR is of no use.The only solution is DV Act.But still I request you to go for a mediation involving elders of both the families and let us hope there could be an amicable solution.Atleast for the sake of your children,kindly do what I said.
Pooja Bhalla
(Querist) 01 May 2012
thanks a lot Sai Sir,My family has already made the attempt and his family is not accepting and say that they have no control over him and are asking for out of court settlement ,we have trie reasoning with them but it doesnt help and I am sad abt it as for no strong reason he is adamant on not working out things
Shonee Kapoor
(Expert) 02 May 2012
Hmmm.
Are you really an alcoholic?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Pooja Bhalla
(Querist) 02 May 2012
I am not at an alcholic and I am genuine hence have not used my right as a woman yet to file 498a else my husband too would have created a similar mail id harrassed.by.498a-part1
K.K.Ganguly
(Expert) 03 May 2012
Do you think that you have the right to file an appeal u/s 498a just because you are an woman or you have the right to file the same being subjected to cruelty?
You can file anything which will result in to your husband opening a mail ID like harassed_by_wife_by_false498a but you wont get him back any further.
So, find out the root cause of his sudden desertion & address it properly. For small family tiffs no body wants Divorce. There may be some thing more in it.
