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Divorce filed first by husband

Page no : 2

Originally posted by : justice218

How long can i postpone my appearance?

Time and tide wait for none.

Instead of dragging the case to no end, its better to get over with the case, find someone else who is more compatible.

For men they can marry at age 50 too.

Women have limited life-shelf, remarry when you are young enough to produce children.  Or else there would be no takers for you.

Originally posted by : Kamal Grover

There is two way out.

one ask him for mutual divorce and put your demands and if agreed then go for it else opt other option;

Second option is file harassment case and serve your maintenace notice through his lawyer appearing in court (Court can do so). Once maintenance will be fixed then he will run to you and get ready for whatever your demand will be. but i think dont give divorce coz you will get handsome maintenance amount from his salary, coz if he is earning 2 lac per month then atleast hyou will get 50k per month and other expenditure also. but if you want to remarry then go for divorce.

Good Luck


There are other ways too to handle such a thing.

This is not the correct and ethical way to approach the case.

A good lawyer will suggest the pros and cons of filing such harrasment case, talk to the other lawyer and try to settle things amicably.

If getting fees is the only criteria, then your suggestion is very good.  But ethics are for a different kind of people.

Kapil Chandna (Lawyer at Supreme Court of India)     06 July 2013

I think you should try to settle the things ambicaly and ask some senior person from the both the families to settle the things and you both part ways and live a happy life.... Legally you can recover your belonging as a Criminal breach of trust that is Istridhan U/S 405 of IPC and recover all your belongings.......



Advocate Kapil Chandna


Harsh (Manager)     06 July 2013


1) by any means,hook or crook serve the notice first. there is another example on this forum where notice was served at 6 am so he  doesnt escape.

2) as others have advised, trying to settle amicably is best option (you may have to reach out to his close friends/family etc.)

recovering your gold - you can take help of law, (police/405 etc) but what is the guarantee that you can recover? you can harass him but will you get what you want.? once matter enters court, then unless the opp party budges nothing moves. if your husband is adamant, he may not return (that too after 2 years).

just be careful of advocates or any other middlemen who sell dreams and promise you to get a lot of money - there is absolutely no guarantee in those promises.

3) Husband and Wife both ruin their lives and spend all money - much to the glee of advocates. so if you must take legal action, be aware of all possibilities.

4) why is your husband behaving like this - is it just the property issue or did something push him to this limit? since you only know the complete truth, pls try any positive approach ; if he was pressing for property, then it should come under dowry as such a demand is not legal.

5) It seems you are also in a helpless position like the false 498a victims here...so its your personal decision what legal relief you plan to take

498a doesnt always pay. 125 should where you are unable to work.

justice218 (student)     06 July 2013

I would like to thank everyone for the useful (and some so much not ) ideas and advice. However, i have tried the amicable way and pleasant way to settle the matter. however my husband is an egotistical stubborn man who wants to get away with all the wrongs he has done for free. he has already defamed me in public and alleged me of so many things without any proof. however i have won this matter in the lower court. he still does not want to budge. he wants me to give him a divorce for free as he says that he looked after for 9 months, ( the time we were together) and he needs to be compensated for the money that he spent on me during that time. and during that time. what do you say to this? 

i have sent so many 'wise" people from my side to settle this matter, but hes never once co-operated. 

note: he is highly educated and works for an international company. but obiviously education doesnt make him realise anything. 

hope this new information can guide me further. 



Harsh (Manager)     06 July 2013

all your options are on the table, you pick what you want and act.

noone will tell you to file 498a, send gundas or any other.

Reformist !!! (Other)     06 July 2013

if u want to lead a new life peacefully, best way is to part ur ways with MCD....if he does not want to return if he has any of ur things..........then its better ur choice rither to keep roaming around courts and in the end if u get that gold back (if he has any, as per ur statement) then u will be 40........who will marry ??? do u want money or life, its upto u....

Learned members other than a advocate has given given u goof replies/advices, its upto u to take ur decision. We all can show the path, to follow it or not its ur decision :)

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