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Aarti   05 January 2017

Refusing divorce

I am staying with my daughter alone and is taking care of my daughter of 4 yrs.I work for a private firm with low income and because of financial and mental stress and a sense of being cheated by husband as my inlaws and husband treated brutally i agreed for mutual divorce but at the cost of 3 lac and jwellery of my own which was with my husband.Now i have received my jwellery and 1.5 lac but i dont want divorce. A maintaince of 5000 was ordered by court before 1 and half years but he had never paid.how should i refuse divorce? I have financial cricis. Will i be asked to return 1.5 lac? He had never paid maintaince. Can i ask judge to adjust the maintainance?plz suggest. Will be obliged to receive ur valuable response.


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 13 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     05 January 2017

If you have agreed for Divorce and Consen terms are filed before court. You cannot withdraw yourself from consent terms. 

seema   05 January 2017

Madam

(1)  For the period ranging from the date of order of maintenance and the date of Divorce, you hav eright to claim imterim maintenece provided you have not relinquished you such right in the consent term

(2) Further you used the words "and husband treated brutally i agreed for mutual divorce"

If by these words you mean that your husband has forced you to take mutua--divorce (either brutally or by temptataions) then the consent terms are not consent term in real terms and you can proced further and infor the Court immediately the facts thereof

 

HARIOM

 

G.L.N. Prasad (Retired employee.)     05 January 2017

Every thing depends on signed agreements that can be treated as mutual settlement in between you that confirms your long silence on the issue.  Legal aid is free for ladies.  Contact Legal Services Authority and attend counselling as it may not cost you single rupee.

If the agreed terms in writing are for Rs.3 lakhs , as part sum was onlly paid you can refuse such arrangement and can appropriate the amount @ Rs.5,000/- for a period of 30 months. (for argument sake).  Once that period is over, when further amounts are not forthcoming you can make a claim for Rs.5,000/-p.m. or Rs.1,50,000/- + bank interest.

 

Regarding granting of divorce etc., without knowing the agreement in between you, further guidance can be given by local advocates, as you have to discuss at length with him/her in the issue to arrive at a legal issue that can be questioned.

Aarti   05 January 2017

Thank u sir and mam for ur valuable answers since they means too much for me

Aarti   05 January 2017

Thank u sir and mam for ur valuable answers since they means too much for me

(Guest)

A man who does not pay maintenance and has paid only half of what is agreed, what will he look after you even if you let the court know and refuse to get divorced?

Marriage is best example for give and take relationship.  If you are not getting something, it simply means that you are not giving something.  People forego this thought to save relationship and keep giving till they have something, but when what they have is over, they also cant give anything.

Two steps forward and one step backwards will put you in more trouble than you are already in.

Relationship is gone for toss.  How will you make him take care of you keeping in mind your financial constraints and his actual being?

Take divorce, work hard, prove yourself rather than waiting for rains looking at sky.  Thats the Indian Farmer story.

Kumar Doab (FIN)     05 January 2017

Show the consent terms and all docs on record to a very able local counsel, specializing in family matters.

If MCD is agreed upon then your husband also knows that if it does not happen, protracted litigation would be staring at both parties.

 

Remind him of terms on which he failed.

Focus on  your future and establish and secure your own life  with good career.

Mukesh sharma (job )     05 January 2017

Hi arti if you sign any document that shwo you agree for divorce on some ground so than its some difficult for you 

but if your husband not pay according your written than you free to file case in court and file  for maintaince too with your divorce case and id he could not pay than court issue warrent against him 

but here plz check your document and than if he could not pay to according your paper than you also revoke this and go in court and file your case 

help good lawyer and fight your case 

thanks 

Aarti   06 January 2017

I know when he cannot take care of us now it means he will not take care of us later but still i can helpless in love that i cant love any other person and very sorry to say that i cannot even accept that he stays with other lady. He earns well 50000 to 60000 and it is very easy for him to buy love buy advocate buy law buy all. May be thats the reason why i search a suggestion since i cannot control my emotions. I dont have much money so regret to say dont want to return the settlement amount of 1.5 lac. If suppose i find way to stay with him, what are the ways he may make me suffer legally?

Aarti   08 January 2017

Ramesh sir i could not get you. Plz clarify. I dont want to divorce my husband but in my absence mutual divorce has been filed since i had signed it priviously. I have received the settlement amount of 1.5 lacs and jwelleries of mine given by my parents during marriage. Will i have to return it back? I dont have a good financial condition and staying with my daughter of 4 yrs. In 125 a sum of 5000pm was asigned to me by court but my husband never paid it. Can i request court to adjust the amount ? Plz suggest. Someone said that if we are staying separetely for 7 yrs then court automatically consider the relationship as divorced. Is it true? How can i punish him if he marries?

Aarti   08 January 2017

Thank you sir

Kumar Doab (FIN)     09 January 2017

Query reposted at;

https://www.lawyersclubindia.com/experts/Need-suggestion-628251.asp

Kumar Doab (FIN)     03 March 2017

Is it same query:

https://www.lawyersclubindia.com/experts/498a-633731.asp

The case matter seems to have changed.

Who has withdrawn from consent terms?

 

 

 

 


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