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Ramana (bus)     14 August 2009

Got Divorce Notice.How to go ahead?

I got divorce notice from my husband.We were married from last 3 years without any issue.Currently staying with my parents from last 1 month.I don't want divorce.How to go ahead so that future consequences should be good.My hubby's family and parents have forced him to do so.He will not take such action.Please advise the future course of action so that so that this marriage does not break.

Thanks

Ramani



Learning

 14 Replies

aruntrivedi (lawyer)     14 August 2009

YOu have not mentioned details of notice under which section. Normally under desertation a notice under Section 9 of HMAis issued for conjugal rights. Pl give details of notice to give you further advise.

1 Like

M.A.T.Ganesan (lawyer civil &family laws)     14 August 2009

Try to cotact  him & explain your willingness to resume marital life with him. you can also file an application for Restitution of Conjugal Rights in a competant foum

1 Like

(Guest)

NANDKUMAR B.SAWANT.,

M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE DIVORCE NOTICE KINDLY NOTE THAT,

1. DIVORCE NOTICE IS SENT UNDER SECTION 13 OF HINDU MARRIAGE ACT. YOU HAVE ALREADY RECEIVED THE SAME. NEXT STAGE WILL BE ,YOU WILL GET A NOTICE FROM THE COURT REGARDING FILING OF DIVORCE PETITION IN COURT UNDER SECTION 13 OF HINDU MARRIAGE ACT. YOU HAVE TO ATTEND THE COURT ON THE DATE SPECIFIED IN THE SAID NOTICE.

2.YOU MAY FILE YOUR SAY, MEANS YOUR REPLY ,AND DENY ALL ALLIGATIONS MADE BY YOUR HUSBAND AGAINST YOU.

OR  IN CASE YOU DO NOT WISH TO GIVE DIVORCE TO YOUR HUSBAND THEN  YOU JUST DELAY THE SAID COURT MATTER .AND YOU MAY JUST FILE AN APPLICATION IN THE COURT AND REQUEST FOR NEXT DATE TO FILE YOUR REPLY IN THE COURT.

3 YOU CAN SEND A NOTICE TO YOUR HUSBAND UNDER SECTION 9  OF HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RIGHTS. HE WILL REPLY TO YOUR NOTICE OR THE MATTER MAY GET COMPROMISED ALSO.

4. BUT IN CASE YOUR HUSBAND IS ADAMENT AND IS NOT WILLING TO TAKE YOU BACK THEN YOU MAY FILE THE PETITION  IN COURT UNDER SECTION 9 OF HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RITES.

5.KINDLY NOTE THAT AT PRESENT MOST OF THE INDIAN ACTS ARE IN FAVOUR OF MARRIED WOMEN. IN CASE YOU WISH TO COMPROMISE THE MATTER AND JOIN YOUR HUSBAND THEN BE PATIENT AND DO NOT TAKE ANY HARSH STEPT BY FILING COMPLAINT AT POLICE STATION AGAINST YOUR HUSBAND AND IN LAWS. IT WILL SPOIL THE MATTER BEYOND COMPROMISE.

6.HENCE I ADVISE TRY TO COMPROMISE THE MATTER FIRST.BUT KINDLY DO NOT USE ANY FORCE OR THREATS AND DO NOT VISIT THE PLACE OF YOUR HUSBAND DIRECTLY BUT ORGANISE THE MEETING AT SOME OTHER PLACE.THERE ARE CHANCES THAT SOME FALSE COMPLAINTS MAY BE FILED AGAINST YOU AND YOUR RELATIVES OF GIVING THREATS.

BUT IN CASE YOU SUCCEED IN COMPROMISING  IT IS WELL.

BUT IN CASE YOU DONOT SUCCEED THEN  YOU MAY FILE A CASE UNDER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT AND PRAY FOR MAINTAINENCE, PERMANENT ALIMONY A LUMPSUM MAINTAINENCE AMOUNT AND ALSO SHARE IN HOUSE AND OTHER PROPERTY OF YOUR HUSBAND.YOU MAY MENTION ABOUT ANY DOWRY DEMANDS MADE BY YOUR HUSBAND OR HIS FAMILY MEMBERS FROM YOU AND YOUR PARENTS.IT WILL ATTRACT PROVISIONS OF SECTION 498A OF INDIAN PENAL CODE.

THESE ARE BRIEF REMEDIES. IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR CONTACT , WILL DEFINETELY HELP YOU.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

1 Like

(Guest)

I agree with my friends except to file restitution of conjugal rights case.  You should not file any such case as you want to live with him.  If conjugal rights case will be decided in your favour and even then it is not executed due to his adamence (it will be very difficult to execute the same), the husband can seek for divorce on the ground that the restitution of conjual rights could not not be executed.  The best thing is to contest the divorce case and at the first instance in the court, both parties are asked and provided right atmosphere to come to a compromise and restore their matrimonial life. 

2 Like

Kiran Kumar (Lawyer)     16 August 2009

i agree with Prabhakar.

 

better is to contest the case and falsify his claims there in that case itself....if the divorce decree is not granted then obviously the marriage is not dissolved.

 

dont pursue too much of the legal remedies.

 

we dont know what ground he has taken or going to take for divorce petition....in case the litigation pursues then u can take help here.

1 Like

Ramana (bus)     17 August 2009

Respected Sirs,

Thanks for your reply.I am really grateful to you all.

Previous to your reply I was feeling helpless and lonely.I don't whom to discuss this issue because of society fear.

He has filed the case under 13(1)(i-a).

Please advise the further course of actions.

Thanks & Regards

Ramani

Thanks to Bhagwan Ramana Mahrishi for this wonderful forum.

 

Ramana (bus)     17 August 2009

Do I need to hire a lawyer for filing the reply

Thank & Regards

Ramani


(Guest)

Yes.  You need to engage (please do not use the word "hire") a local advocate, who has got sufficient knowledge in matrimonial matters.

Sandeep (Business)     17 August 2009

Mr Nandkumar has rightly advised except for 498A. This is the way lawyers misuse provisions of 498A. The woman who has asked for advice has not once mentioned she has been harassed for dowry. Just to prevent the divorce from going thru, esteemed lawyers are mentionaing 498A and dowry. What a mockery of justice :(

charudureja (advocate)     17 August 2009

Yes Please contact a local lawyer with all ur papers n facts and contest the case and pay heed to the advice given to u by the learned friends

Dharmesh Manjeshwar (Advocate/Lawyer)     17 August 2009

Hi, First U have mentioned that ur husband has sent you a divorce notice, then 3 days after U have mentioned that ur husband has filed case u/s - 13(1)(ia) - ( which is on the grounds of cruelty ) Secondly U also mention that U are at ur parents house since last 1 months. We do not know why U are staying separate .... Without going to the depth it's difficult to give correct advises .... U should be aware of all the facts as to what went wrong in ur marital life ....

I am also at crossroads whether U have just received a notice or a summons from the Court. If U have just received a notice, then U ought to reply to it and deny all allegations put forward by him in the notice. Start negotiations for settlement if U are not bent on divorce ...

If a divorce case u/s - 13(10(ia) has already been filed by ur husband, then U need to contest it and prove him wrong ... Well prior to contesting the divorce case, there will also be a counselling session by the court .... do make everything clear durring that .... try to settle out before the Court Counsellor itself ..... Well if everything do not work U have to contest the divorce case .... Ur husband would have certainly put up many allegations constituting cruelty ... Ur husband will have to prove all that he has alleged against U ... and U have to disprove them ... If U succeed his deivorce petition is bound to be rejected.

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 August 2009

Your husband demand divorce on the ground of cruelty may be coz you are living seprate without his willingness. plz engage any local advocate and brief him your facts and then he will guide you properly else you have already been guided by so many experts over here and you can take the benifit of thier advise.

Good luck

Your further clarification is welcome at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

PB. & HRY. HIGH COURT CHANDIGARH (INDIA)

With Regards

Kiran Sebastian Rozario (student)     30 September 2009

Get a hold dude, Live and let Live. only depressed fools will want to waste time harrasing others, Let her go rt, and u carry on your life. Who knows there are better things awaiting for you.

Vikas Dharmendra (Consultant)     08 October 2009

What id Ramans will not reply court notice, will her husband get Ex-parte Divorce?


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