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Divorce proceedings

Page no : 2

dhirendra pateria (law officer)     26 August 2012

ask for time for filling the reply

ashmita (executive)     26 August 2012

@dhirendra: ok....thanks for the advice......

is there any law by which a husband can stop the entry of his wife in her matrimonial home ?? like an injunction order or something ?

Pawan (Others)     26 August 2012

@Ashmita : There is no such law

1 Like

ashmita (executive)     26 August 2012

ok pawan.....thanks.... so what do you suggest? should i take the court orders for staying in my matrimonial home or i should go back without court orders?? i think my hubby won't let me enter .....

Vinu (executive)     27 August 2012


Husband  or a wife Who ever wants to save the marraige are the real heart winners..! But it's a curse that the society considers such people as they still want to continue with a violent/cruel people..So people decides that there was no harresment faced by them. There is no value for people who are ready to forgive and forget instead they are treated differently.

Ashimita, Mr.Pawn's reply is clear and hope you got your answer. You can stick on to your heart's opinon to continue with your husband..your real love will bring your husband back..Good luck.

1 Like

Vinu (executive)     27 August 2012


No one can stop wife entering to the matrimonial house..if you feel you it is still safer ( No threat of physical/mental harrasment) to live there you can go and continue their without any legal step.

1 Like

ashmita (executive)     28 August 2012

@ vinu.....thanks for your opinion..... you are right......when someone wants to save his/her marriage.....people take it differently......... there is a saying

"wen u apologise to doesn't mean that you are wrong and the other person is right....... rather it means that saving a relationship is more important than ur ego "

rajiv_lodha (zz)     28 August 2012


I want to guide u from my own experience. Though I am fighting divorce case with wife but I know "what went wrong at what point". In educated persons, small things take big form dur to EGO, Fault lies from both sides, but due to lack of timely corrective measures, gap becomes wide.

Husband files divorce when he thinks that compatibitiy level has reached zero, its not a happy moment for him too. But at least in my case, she jumped to "teaching me a lesson". It added insult to the injury. She preferred false 498a, Dv etc to achieve victory with a bang. All that was lost in this dirty fight was HER WILL TO COHABIT WITH THE HUSBAND, and it was lost forever.

So, dear its very very crucial tme for ur life. There is no harm in SURRENDER. Search from within...........what seems the actual cause of his attitude. Take the problem head on, no shame in admitting ur wrongs. If ur family member has done something which has hurt him, simply apologise. Take help of elders n common relatives too. Marriage councelling may help if used timely.

Also remember:

* No law of land can force a spouse to attend mediation

* No law of land can force a non willing spouse to cohabit wth the other.

Ur plan to force urself into his house against his will MAY SPOIL THE GAME FOR EVER. Clear the air n then start cohabitation. U can not put the cart before the horse!

rest is ur own call

ashmita (executive)     28 August 2012

@ rajiv: i know its crucial..... but i will never file 498a cases on my hubby..... i love him a lot...... at the same time i have contacted him many times..... but he always stops me from coming back to my matrimonial home...... he has always denied cohabitation......... don't know what to do.........

radhika (housewife)     28 August 2012

hi ashmita.... sorry to hear your story.... somewhat similar situation happend with me.... my husband is scared of his parent.... and becasue of this he kicked me out and said in front of 30 people tht he doent want to continue with me... and i had not option... he and his aprents insulted me and my parents, uncel... but thankfully all my in-laws neighbour were in my favour becaue they know my in-laws are inhuman and my husband who is 32yrs old is still immature and can not take a stand .... anyways ... now my husband has filed for an RCR may be to save himself....

. if u want to stay with your husband .. u can file for an RCR (section 9 Hindu marrige act) (plz google it RCR section 9) .. means tht u want to stay with your husband.... and be strong in front of the Judge, your husband will try to provoke you... but u hvae to be very very very patient and listen to him calmly ...then reply to it.... and stick to it tht u want to stay with ur husband....  However, i want tell you one thing... he might call u or send any email or his friend might call u ... plz do not talk to him, he will try to provoke you in different ways and can record ur voice, tht he will surely use as an evidence. ... so be careful.... plz be strong and smart........




1 Like

ashmita (executive)     28 August 2012

@ radhika..... its terrible what all happened with you...... i understand marriage means a lot to you...... for me also marriage means a lot..... i love my husband a lot..... thanks for your guidance..... but i have spoken to my hubby on msgs and emails many  times..... out of anger i hv msgd him many times..... but kabhi bhi baat nahi huyi phone pe...... at the same time he has abused me on msgs...... so messages court mein as an evidence use ho sakte hain ???? i mean agar maine galti se kuch bhej dia msgs pe and agar woh mere against gaya toh kya mere hubby ko divorce mil jaega ?? also even i have lots of proofs against my hubby.......  please reply..thanks

Ranee....... (NA)     29 August 2012

Asmita, you can live in your husband's house getting an order for residential rights in the matrimonial home.If you are not intersted then he can not get divorce easily.A Marriage can not become successful with one spouse' effort.If you are not earning try to do something, you will earn as well as will get busy.

think you should stay in shered household , do some job, small business and fight the divorce case.

1 Like

radhika (housewife)     29 August 2012

hi Ashmita.... out of anger anyone can react the way u have reacted and even i have also reacted many time, when its starts getting   into your nerves, every human will react and judge can also understand. . u bet   out of anger even the Judge have also threaten his wife for a divorce many times or visa versa.......anyways, is one thing is sure tht a law cannot compel either of the spouse to stay under one roof..... so think about it ... and look forward... u want to stay with ur husband, who is ready to leave you…. chalo we will think once wht is the surety tht he will take care of you and will be with u the entire life… and will not leave you in future…. Punish him hard… kick his ass so hard tht he should feel the pain the entire life….. and be strong  wht if he leave u after having a baby…. Then wht will u do …. Think, think and start your fight… my fight has already started… and I swear I m not going to leave him and his family…. Because they have given me lot of pain 3 yrs….  And if the husband is a culprit u cannot blame the family, husband is not a human they are inhuman…. Don’t worry hire a strong lawyer , earn and fight ur battle…..fight for the right thing and for your right..........

1 Like

ashmita (executive)     29 August 2012

@ radhika..... thanks a lot for the guidance....... i will take a decision very soon...... all the best to you........

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