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sameer (dsg)     29 May 2013

Husband asking for divorce on birth of girl child

hello all...


i was married in sep-2011. after  few months of marriage, i found my husband is having affair with some other girl so i started agitating for this to his parents. at that time i was pregnent  & had to came to my parents house for two weeks, at that time my in-laws told me that my husband wants to shift at his job location and i went with him there. after monthly check up at doctor, my husband and my in-laws started to pressurise me for abortion but i oppossed for this. after passage of some time, again querlls were started on little matters. but the life was going on its way. in july-2012, i again came back to my parents home for delivery of my baby which was due in aug-sep-2012 and due to my poor condition. in sep-2012, i gave birth to twin female babies. from that day the behaviour of my in-laws become worse. my husband didn't agreed to take me back with him till march-2013 and when he took me with him, again disputes were started on not too big things. one day i got to know that my in-laws alredy knew that i was going to give birth to female babies. and now my husband is saying that he don't want to live with me because of querlls while the actual matter is another thing (as due to female baby) so i want to know wether without my consent, divorce could be filed and what kind of action should i take? I have two younger sisters in my parental family and due to their life's tension, i don't want divorce. So please suggest me what should I do??

it is worth mentioning here that probably my husband would ask divorce on grounds of disputes that occur b/w me and him...

Thanking in advance..

Sunidhi Bansal



Learning

 14 Replies

RAHUL KANSAL 9041629676 (ADVOCATE)     29 May 2013

helloo sunidhi, you need not to worry and your husband can not file divorce on the ground which you have mentioned but one thing is sure if he wants to get divorce from you then he can make some another ground. so for proper discussion of your case you can consult with me but sorry to say i am professional and i will charge for my advise.

(Guest)

Useless fellow to the core. Beat him to death.

Adv Archana Deshmukh (Practicing Advocate)     29 May 2013

Unfortunate situation Sunidhi, that now a days also in many houses birth of a daughter is not welcomed. Anyways, now that you have decided that you do not want divorce and want to save the marriage, then work upon it. First of all lift up your spirit and make yourself strong as you have to take care of 2 babies now. Try to maintain a good and peaceful atmosphere at home. See if you can take up some employment that will bring financial independence and confidence in you. Your husband though cannot divorce you for the above reasons but as Mr Kansal said, if he wants divorce then, he can find out other grounds to get rid of you. If things turns ugly then, you can take legal recourse to secure your and your daughters’ rights for residence and maintainance and whatever necessary as per the situation at that time. But firstly try handle things by amicable means i.e. take the help of other relatives in your ‘sasural’ who are neutral or good to you and help yourself  stabilize yourself in ur matrimonial house and would also help in changing ur husband's attitude. You may take the help of a professional marriage councellor to work upon your marriage.

1 Like

sameer (dsg)     29 May 2013

thank u very much for ur suggetion maam..one main thing which is striking in my mind and for which i am affraid is whether on grounds of disputes the divorce can be filed? and in case my husband is filing divorce than can i file any case against him or his family that due to birth of girl babies, they are doing this??

Adv Archana Deshmukh (Practicing Advocate)     29 May 2013

Some disputes, occational small fights between husband and wife are a part of normal wear and tear in any marriage and is absolutely not a ground for divorce. No court will grant divorce on this ground. If your husband files on any other ground then, he will have to prove it in the court and you can fight out the case on merit. So don't worry and think positively.

1 Like

Advocate Deepak Gupta (Lawyer)     29 May 2013

Yes , On the ground of matrimonial  dispute divorce petition may be file  , but divorce depend on  gravity and facts of matrimonial dispute .   Any time U may file case under Domestic Vilolence Act ( for birth of girl babies ).


(Guest)

sameera..

Originally posted by : sameer


hello all...


i was married in sep-2011. after  few months of marriage, i found my husband is having affair with some other girl so i started agitating for this to his parents. at that time i was pregnent  & had to came to my parents house for two weeks, at that time my in-laws told me that my husband wants to shift at his job location and i went with him there. after monthly check up at doctor, my husband and my in-laws started to pressurise me for abortion but i oppossed for this. after passage of some time, again querlls were started on little matters. but the life was going on its way. in july-2012, i again came back to my parents home for delivery of my baby which was due in aug-sep-2012 and due to my poor condition. in sep-2012,

 

i gave birth to twin female babies

Yahoo.. twin babies, that too girls.  Lucky your husband is.


But fate.  


Forget hiim.


Get MCD.


These two babies will teach you to live life.


Dont be wondered when this good for nothing husband comes back to get one of those angels you have give birth to.

. from that day the behaviour of my in-laws become worse. my husband didn't agreed to take me back with him till march-2013 and when he took me with him, again disputes were started on not too big things. one day i got to know that my in-laws alredy knew that i was going to give birth to female babies. and now my husband is saying that he don't want to live with me because of querlls while the actual matter is another thing (as due to female baby)

 

so i want to know wether without my consent, divorce could be filed and what kind of action should i take?


He wil file for divorce, if you contest it, then it take long time for husband to get divorce.


if not, he has to ask for MCD.


when you get summons make sure you appear in court in family court, from there on its pure joyride, roller coaster to be precise.


I have two younger sisters in my parental family and due to their life's tension,

 

i don't want divorce.

 

You dont want divorce? ok, but let me tell you frankly, no court can ask your husband to cohabit with you.


But then try convincing your husband as to not file divorce.


Even then obtaining divorce is not easy. it takes a lot of time when a divorce petition is contested. say 5-6 years.


Instead of this either convince him to agree with you or you convince yourself as to live life the way he wants it just for the sake of newborns.


So please suggest me what should I do??

it is worth mentioning here that probably my husband would ask divorce on grounds of disputes that occur b/w me and him...

Thanking in advance..

Sunidhi Bansal


 


(Guest)

Asking for divorce on the basis of girl babies being born that too twins...No court will ever grant your husband divorce...So the only decision tyou have to make is whether you want to live with him or take payment and grant him mutual divorce.

sameer (dsg)     30 May 2013

really thanxx all for your support and advice. one more thing i want to know that if i dont want MCD and want to fight in court against divorce than whether i could get maintainance for my babies or not and whether my daughters have any right in any property or anything else which could pressurise my husband to become a little kind towards them??

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

In case your husband neglects or refuses to maintain yourself and the babies then, you can claim maintainance for 3 of you. Your husband is legally bound to maintain his wife and children.


(Guest)

Sameera

Originally posted by : sameer

really thanxx all for your support and advice. one more thing i want to know that if i dont want MCD and want to fight in court against divorce than whether i could get maintainance for my babies or not and whether my daughters have any right in any property or anything else which could pressurise my husband to become a little kind towards them??


Fighting divorce case not easy job.


There are no proper toilets in court halls where you have to wait for a whole day until your case is called.

If you contest divorce case, who will look after babies?

But you can claim maintenance for yourself as well  for the babies.  He has to pay.  But problem is it is a gruesome process, interim alimony, alimony, permanent alimony.

What I'd suggest is, ask for one shot payment, he goes his way, you go your way.  Anyway he not interested in these girl babies, so he wont ask custody.  Strike a deal with your husband, one lumpsum payment you'll get.


(Guest)

@Author,

Adv Archana has given you some wonderful suggestions. Follow her word, dont even think of divorce at this point of time. Try to settle disputes amicably with some sense of positiveness. Dont let your ego creep in these discussions. If you have bad mouthed your husband, you appologise for that and let maturity prevail. Both sides sit and resolve the issues. From your side do your bit before you even think divorce or contesting it.


All the best. Be happy You are twin angel mother. You are no less to a godess :-)

Adv k . mahesh (advocate)     30 May 2013

first congrats for the twim beautiful kids you have given to this world 

1.first twll me what you have studied because in this world taking of a girl child that to twin means a very challenging task and what is your husband does, everyone knows and everyone talks very ill about girl child but why wlll this question can be answered but anyone had given you how to save your ongoing problem 

2. everyone gives suggestions but what is your step to convince your husband to leave with your husband is a big question before you raised in this query

3. think what all you can do to stabilise your marriage life with your husband 

4. if you have studied after you become confident try to help if your husband is a business men then in his business or take up a home based job to help raise some finances which may consider your husband to rethink about such step

5. already you told that you have two sisters if he intends to take divorce were you will go may be maintenance for some time and then a lumpsum amount thus this will solve your problem and again you will land in your parental house what about the future course of action for that two new twins who expect a beautiful life form the wonderful parents 

6.think yourself from your husband point of view and make a firm dicission to help in any other way and covince him to accept and help and be happy in your life 

Ranee....... (NA)     30 May 2013

Tell your husband that biological father is responsible for the gender of the child.once he understands , he will come back!

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