mayu (x) 16 July 2013

Divorse

My mother-in-law expel out to me from my matrimonial home in August 2009 that time my husband was in UK.

I just stay there 3-4 month in my matrimonial house as i got married on 1-3-2009.

But because of the behaviour of in-lawsand husband i get shocked and also they pressuring us for divorse by various way.

He send me notice for cohabitation through his adv. but i refuse firstly for cohabitation and he send me divorse notice.

but before getting the divorse notice i submit the suit for maintainance and domestic violence.

and he filed the divorse notice.

also he got for second marriage in 2010 but i dont have any proof.

There allegation was i m not behave properly with he and in-laws and also i m not giving him marital satisfaction.

I will not take intrest in my married life resposibilities.Talking rudely with them etc.

But now they r taking the stand that after second day of marriage i left the matrimonial house and never come to my matrimonial house and

also not made any contact with husband and in-laws.

i gave a lot of proof that i was in my matrimonial house and also submit the the e-mails and messages between me and husband,

also message that i send to my mother-in-law.

also my father-in-law gave me identity for opening a bank account in the bank situated in the area of my matrimonial house after 3 month of marriage.

But my metainance suit and domestic violece suit was dismissed by court.

i appeal for both case.

Now the divorse case is still pending.for last 3 yrs i fighting with this.

From last one and half eyear i m also file the application for cohabitation but no use.

they said yes firstly for cohabitation and after that refuse for cohabitation

but still my stand is to go for cohabitation,

Shall i file for restitution suit?

is there any other way for lumsome amount as comansation because he got for second marriage.

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4 Replies

Ayush Maheshwari (Senior Official) 17 July 2013

Shall i file for restitution suit?

is there any other way for lumsome amount as comansation because he got for second marriage..

you are talking about two different issues.

Either you want to permanent alimony or you can go for reinstituinonal of your rights under indian marriage act.

Your husband cannot remarry untill decree of divorce is passed. if he does then he is has commited crime .

Q Slinger (NA) 17 July 2013

Mayu:

I have read your case and from the looks of it, you are chasing a dead dream. Also from the reading of your case, I think you are not being completely honest and might be making up a few facts. I say that what you wrote is quite contradictory.

- If your inlaws and husband are such bad people, why do you want to file RCR?

- If they kicked you out of their house, why did they file cohabitation?

- If you were in your matrimonial home, why were you sending emails to your husband and inlaws?

What you need to decide for yourself now is, are you going to keep wasting your time running around courts or would you want to move on with your life?

Given that your husband has already won 2 of the cases, it is going to highly unlikely that he will settle anything with you. He has probably learned the law inside out and will fight you every step of the way. You can prove all you want but relief from the courts might be possible but it will take a long time. You will need to spend money, time and energy to chase things up. Other than you wasting your time and age, trust me, you are unlikely to get anything out of it other than frustration!

You yourself said that your husband might be married and if your husband is a smart man, there will be no way you will know that he is married, let alone proove it! So, do yourself a favour, get some mediators to talk to your husband side and informt them that you will take back all the cases of a Mutually Consented Divorce with a MoU that no cases will be filed by either party and any pending cases will be taken back. This will finalise in 6 months and then you can also move on with your life and marry someone else rather than wasting away your time, money and age.

If you still want to fight in court, you can file cohabitation but you are not very likely to win it because you yourself rejected cohabitation (RCR) from your husband at one point. Think smart, think calm and do the right thing.

Good luck!

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(Guest)

Agree with experts.

Adv. Chandrasekhar (Advocate) 17 July 2013

You have not indicated that how and why your maintenance case and DV case were dismissed. Are you in a good job earning handsome amount-Is it the reason for dismissal of maintenance case. It is important to know the facts, to give proper advice.

Do not file Restitution of Conjugal rights case- It will harm you rather than help you.

On what grounds he filed divorce case. You fight this case with great seriousness engaging a very, very good advocate and his extra-marital affair is a valid ground for your refusal to cohabit with him. If you seriously fight this case and also make attempts to collect evidence to prove his extra marital affair/second marriage, he will not get divorce decree. Next, you have asked about lumpsum amount. Lumpsum amount will be given to the wife only divorce decree is granted to the husband. If he gets divorce decree, in the same court, you have to move application under Section 25 of Hindu Marriage Act. The Court, after evaluating the properties, earnings and life-style of the parties, award lumpsum or monthly payments to the divorced wife.