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Priyanka P (xyz)     30 July 2012

A legal notice from husband

I am mother of two, right now living at my parents place as my elder son has school to attend here. My husband had promised we would be shifting nearby to save child's educational drop.Last month after a long gap Husband not coming home I payed a visit to him and discovered he living with a girl there, wherein I filed a police complaint against him.Now he has sent me legal notice wanting me to come back. 

History: As we were young when we got married no responsibilities when put on him ,neither mine nor the kid's, and he did not wish to understand them too. From the beginning my father has been taking care of everything in hope that he would one day settle down.I pursued further studies in different city meanwhile he started an affair. I do not wish to put it in selfish words, but he has always been a casual kind of a person, with life, with career, with kids everything and I don not wish to live with such a man. 

 

IS IT NECESSARY THAT I REPLY TO THIS NOTICE THROUGH A LWAYER ONLY, CAN I REPLY PERSONALLY TO HIM AND HIS LAWYER.MY LAWYER IS PREPARING FOR AN IPC AND I REALLY DO NOT HAVE SUCH A FINANCIAL CONDITION WHERE IN I CAN AFFORD EVERY REPLY OF HIS THROUGH A LAWYER. 



 13 Replies

Priyanka P (xyz)     30 July 2012

I addition he was not ready to even talk to me or pay any maitainence for the kids till he met his lawyer he realized that he is liable.Now he wants me back only to avoid financial burden and social humiliation.

v.jayachandran (advocate)     30 July 2012

now u file a complaint against him that he lives with another girl and with this grounds u go for divorce and u consult an advocate in your area so that he will guide you in claiming maintenance, you have not mentioned ur husband salary here. try to collect some evidence against your husband , it will be strong for your case.

Priyanka P (xyz)     30 July 2012

I live at Gokuldham, Goregaon, can you help with a female lawyer in this area.


(Guest)

You can chart out your further course of action. If you do not wish to live with your husband, you cannot be forced legally to cohabit with him. He is bound to maintain you and his children.

1 Like

DR.SANAT KUMAR DASH (Eye Specialist)     30 July 2012

Consult    A     Good    Lawyer    in    u'r   place    and     filed    A   Maintenance     Suit   against    the   guy   &    gether    strong    proof     for     keeping    another   girl    insead      of   U.....Priyanka. 

R.K Nanda (Advocate)     30 July 2012

File reply to legal notice of ur husband by lawyer. For female lawyer of ur state search LCI list of lawyers.

kawaljeet wadhwa (housewife)     30 July 2012

my husband done divorce case in family court on very petty issue...i dont want to divorce him....is it possible that he get divorce from me


(Guest)

Depends on the merit of the case Kawaljeet.

By the way what are the petty issues?

Bharatkumar (ADVOCATE )     30 July 2012

U file a suit and u search Local Lawyer in google site.

supabcdefgh (teacher)     30 July 2012

It is confusing. You have almost never lived with him. He has Girl friend because you have not satisfied his physical needs. Now you do not want divorce. So you have no case against him. And you have said he was not financially capable, so he ignoring you financially aslo do not stand.

So, first decide, do you wish to stay with him? If yes, his case might accumulate to right to conjunal rights too. And in case you deny, his divorce will be granted with your case weak.

And In case you do not wish to stay with him, why not allow divorce? Live and let live.

Priyanka P (xyz)     30 July 2012

No, I did stay with him, but regarding our job and my studies I had to stay away, and it was a mutual decision. He is in an affair for the last 3 years even before I went away for Masters. Financially was not capable that is the reason parents took care of finances but now he is atleast able to contribute, if not what does he expect, how will survive two kids???

Never Give Up (Fighter)     31 July 2012

 

Originally posted by : Priyanka P


I am mother of two, right now living at my parents place as my elder son has school to attend here. My husband had promised we would be shifting nearby to save child's educational drop.Last month after a long gap Husband not coming home I payed a visit to him and discovered he living with a girl there, wherein I filed a police complaint against him.Now he has sent me legal notice wanting me to come back. 

History: As we were young when we got married no responsibilities when put on him ,neither mine nor the kid's, and he did not wish to understand them too. From the beginning my father has been taking care of everything in hope that he would one day settle down.I pursued further studies in different city meanwhile he started an affair. I do not wish to put it in selfish words, but he has always been a casual kind of a person, with life, with career, with kids everything and I don not wish to live with such a man. 

 

IS IT NECESSARY THAT I REPLY TO THIS NOTICE THROUGH A LWAYER ONLY, CAN I REPLY PERSONALLY TO HIM AND HIS LAWYER.MY LAWYER IS PREPARING FOR AN IPC AND I REALLY DO NOT HAVE SUCH A FINANCIAL CONDITION WHERE IN I CAN AFFORD EVERY REPLY OF HIS THROUGH A LAWYER. 

 If he is not shifting to near by place, why dont you shift to his place..Every year you have a chance to get to admit your child in new school. Isnt it ?

 

You said you do not want to stay with him any more ...then Why not ask him that you want to get separate by mutual consent and avoid spending on lawyers and save precious time in life.

 

You filed police complaint and moved the legal machinary , now you have to spend money on lawyer and face the heat. I would still suggest , go to court and ask judge about your intention. Judges are generally good enough to hear the case if some amicable settlement can be arrived. (either separation or living together as the case may be).

 

Nina Rakheja (unhappily married)     31 July 2012

Priyanka, you said you got married in young age ..so you may have become an old item for him.I have seen that in the family forum you won't get a solution to your problem..like other fields in INdia this forum is also male dominated and female members are denied to valuable legal remedies she is entitled to! See the replies by different members ..they are accusing you for your husband's characterlessness whereas you are  the mother of his two babies of that man.!..how disgusting!!!!..you will be getting another essay in tomorrow morning which would be delivered to you by the gang head in the midnight!

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