ranisky (professional) 07 September 2013

Husband asking for a mutual divorce

Hi,

We are married for 3.5 years now and we don't have any kids. My husband is asking for a mutual divorce now but I am not interested. I want to live with him only and ready for counselling and talks but my husband is very stubborn in asking for a mutual divorce. He sent a divorce notice through lawyer for mutual consent but I replied that I want to live with him. His lawyer also forcing me to give mutual divorce to my husband by saying that contesting will not help you to live with him and you will loose your money and age by contesting and your husband is also ready to fight for divorce even if it takes 2-3 years.

Please tell me what should i do now. I am not ready for divorce and I really want to live with him. His parents are misguiding him and because of that we get into fights. He did not put any allegations in the divorce notice sent by his lawyer...he simply said that i am staying with my parents and he tried to convince me to get back but i failed to go to his place.

he is in germany now and i am in bangalore. please tell me if i can contest and win the case and let me know if he can put new allegationss on me when file a divorce case in the court because in the notice sent by his lawyer doesn't have any allegations...he just mentioned that i am willingly staying with parents and my main focus is only my job. I am sure court will not grant divorce for this reason and I have a proof why i am staying with my parents because he and his family only forced me to go out of his house. please advise. He might file a divorce case through his laywer this week....

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9 Replies

Krishna Gulagari (LAWYER) 08 September 2013

Don't worry about it. You inform his lawyer if he is not live with you file a case DVC. MAINTENENCE. 498-A. only that ground court can't grant divorce

(Guest)

Originally posted by : ranisky

Hi,

We are married for 3.5 years now and we don't have any kids. My husband is asking for a mutual divorce now but I am not interested. I want to live with him only and ready for counselling and talks but my husband is very stubborn in asking for a mutual divorce. He sent a divorce notice through lawyer for mutual consent but I replied that I want to live with him. His lawyer also forcing me to give mutual divorce to my husband by saying that contesting will not help you to live with him and you will loose your money and age by contesting and your husband is also ready to fight for divorce even if it takes 2-3 years.

Please tell me what should i do now.

Give divorce to him, if you are a barren woman, and cannot go for expensive IVF treatments for bearing child. IF you can go for IVF treatment and / or surrogacy, then its better to take that opportunity which many people have tried from the likes of Farah Khan [om shanti om movie director who went for IVF], SRK n Aamir khan who went for surrogacy.

I am not ready for divorce and I really want to live with him. His parents are misguiding him and because of that we get into fights. He did not put any allegations in the divorce notice sent by his lawyer...he simply said that i am staying with my parents and he tried to convince me to get back but i failed to go to his place.

he is in germany now and i am in bangalore. please tell me if i can contest and win the case

Contest case means 6-7 years gone with the wind. His also, yours also. Instead of all this circus, talk about IVF or surrogacy and lead happy marital life.

Or be ready to roam to court halls for next 6-7 years.

and let me know if he can put new allegationss on me when file a divorce case in the court because in the notice sent by his lawyer doesn't have any allegations...he just mentioned that i am willingly staying with parents and my main focus is only my job. I am sure court will not grant divorce for this reason

Married life is about adjustment, compatibility, love, compassion, respect for each other. If these are not there, then no use of staying married, either for sake of kids or for the sake of getting kids.

Court will only see, is it possible to unify these two nuts. When it is proved beyond doubt that both of you cannot live together, divorce is granted finally, after 6-7 years, no matter what allegations u make or he makes.

and I have a proof why i am staying with my parents because he and his family only forced me to go out of his house. please advise. He might file a divorce case through his laywer this week....

Listen to Lord Krishna above, and you will repent for the rest of your life. You file DV case or 498a case, thats the best way to lose one's husband forever.

1 Like

fightingfalsecase (sw) 08 September 2013

@Ranisky, 1st thing 1st - get a good and professional lawyer. 2nd - Decide on not accepting the allegations made by his lawyer, rather gather your own logical PROOFS. 3rd - Find laws by which you can put pressure on them so that they start behaving properly wwith their DIL. 4th - Seek residence right. You are a married girl, you should not live with your parents. 5th - Make use of your education now, start reading the IPCs like 498,497... etc. 6th - Stick to your decision, you are not a USE AND THROW MATERIAL. Fight for your Rights and ignore all other DEMORALIZING SUGGESTIONS. Good luck.

(Guest)

@Krishna,

Sir,could you plz tell me how divorce is not granted if wife files 498a,dvc and maintennace cases?

As Iam pasting your statement as under:

"Don't worry about it. You inform his lawyer if he is not live with you file a case DVC. MAINTENENCE. 498-A. only that ground court can't grant divorce"

sir,

Filling N number of cases by either of couple also comes under mental cruelity.

Filling false case by wife on husband and his family leads to severe mental cruelity which has opined by several SC judgements.

False cases = 100% divorce.

If divorce contested for years = MCD after exhaustion.

If divorce contested rigorously and one partner is too adamant to live with other partner = No court in the world will say that go and collide which each other as you don't have any ground of divorce so,you have to die by your partner.

Conclussion:

If marriage is compatable,comprisable,loveable,trustable and forgiveable then No court in the world can give divorce but anything lacking then divorce is 100% guranteed aaj nai toh kal...Make a Note.

1 Like

498aindian (other) 09 September 2013

I agree with @ Sufferer and @ Helping Hands reply

Pkadian, Advocate (Advocate) 18 September 2013

(1) consult a good lawyer of your area. (2) check for yourself, why you want to stay in this relation? whether it is beneficial for your future, whether your relation will last long if you forcefully stay with your husband (3) talk to your husband try to resolve differences if can't opt for divorce and move on with your life, this is not end of the life, start afresh (4) still if you want to oppose the divorce and want him to stay with you file a case for restitution of conjugal rights. filing of case u/s 498-A is extreme.

Sudhir Kumar, Advocate (Advocate) 29 September 2014

why you are compelled to live with parents. The reasons for the same can lead some way ahead.

rebellion (fighting against bias law) 29 September 2014

@fightingfalsecase Pls don’t guide people here with wrong advices , u/s 498a enacted for different purpose , it is made to prevent harassment against women for dowry not for stopping MCD

BTW you might have typo mistake in you display name pls correct it to @filingfalsecase

geetha (none) 30 September 2014

At any cost do not agree for a mutual consent divorce. File for RCR, also try to join him in Germany. Husband/wife fights and arguments exist in every marriage. The successful marriages are the ones that resolve and move forward.

Was your husband brought up as a Lap-Baby or something. Why should a grown man need to listen extensively to his parents enough to create a divide between him and his wife. He needs get over the excessive emotional bond with his parents.

Go for RCR and then couples counselling and bring up the issue of unwanted parental interference. Also Love him. Without love nothing is possible.