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Deepthi   25 August 2018

Husband forcing for divorce

We got married in 2016 stayed together till april this year.on some occasion wen i went parents house he forced me not to come back to his home and sent notice for divorce grounds on basis of cruelty and desertion and my adv replied iam willing to join his home again he sent rejoining notice then i thought of filing case police gave counselling but he is unwilling to take me and wants divorce and said to police wat ever case he wants to file police can file.so how can i protect my marital life wat steps to follow am confused.both of us are second mariage and after 2months period of marriage my husband forcing for divorce with no proper reason.


 11 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     25 August 2018

In that case you need to approach the court and file DV Petition against your husband and seek relief for accomodation at your matrimonial home. Further, let him approach the Family Court for seeking Divorce which you need to oppose.



Adv. Rohit Dalmia


Dr J C Vashista (Advocate)     26 August 2018

There is some background of the circumstances which you have concealed, however, instead of restoring to legal remedy (which you may avail anytime but result will be bitter for both of you) you should try to rope in elders and relatives or friends to find out amicable solution to save the marriage institution.

Deepthi   26 August 2018

Thank you for the suggestion Dalmia sir.i will try my end by filing DV as you said.small clarification how much time it takes and procedure after filing dv reference accomadation in the court.

Aks   26 August 2018

Deepti, the most important thing is to be clear in your mind as to what your goal is ? To save the marriage or to let go of marriage and get most financial benefit from him.

If your goal is to save the marriage, i advice not to involve the police because that will totally damage the bond of love and trust permanently and you will not be happy even if marriage survives.  Therefore, you should proceed calmly and have an honest talk with him , tell him that you love him and want to save the marriage ,and will try to fix if any misunderstanding or hurtful things were said or done.

If your goal to give up on marriage and get maximum financial benefits, you should go with all legal guns blazing and involve Police and Lawyers etc.



Deepthi   26 August 2018

Thank you Aks sir for valuable response..but from time of marriage he asks divorce and so many sittings were held in btween their elders relatives and all.his relatives given up in convincing my husband bcoz no proper reason he showed everyone scolded and left them.then he started keep meetings near lawyers to convince me to gve him divrce.atlast as am not agrying he sent notice.my goal is i want to save my marriage.the reason he shows from 2nd mnth of mariage is one month he says am not beautiful.next sitting he says i am mental and one time he says he is forced to marry and one time and am black mailling him.like this he complaints.as this is second mrge am cnvnced myself to live with him these 2 years inspite all false alligations

Sudhir Kumar, Advocate (Advocate)     26 August 2018

None on this forum can predict time spent in DECEMBER cases

Sudhir Kumar, Advocate (Advocate)     26 August 2018

None on this forum can predict time spent in DV cases

SOLOMON.RAJ (advocate/director)     26 August 2018

Hii deepthi,
As your query was how to protect your marital life????

A) In order to protect your marriage please file a petition for RESTITUTION OF CONJUGAL RIGHTS before the jurisdictional family court.

By filing so the court considering the present circumstances may direct your husband to take you back into his society and continue the marital life as husband and wife.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.

Samir N (General Queries) (Business)     27 August 2018

How long are your married? One place you say 2 months and another post you say 2 years. Typo?

In any event, filing a DV or police complaints is NOT going to help you save the marriage. If you DO NOT want divorce you should NOT file any case whatsoever and defend when he files one. If he has filed divorce based upon desertion then it requires a minimum of two years. It appears that is not the case, even assuming that you have deserted him. Also, there are circumstances which allow for desertion if the other party makes it unbearable to live and thereby forces desertion.  You will need to prove that but thats not easy.

The other ground that he is seeking divorce is cruelty. He will have to prove that and again it is very difficult for a husband to prove that a wife has been cruel to him. But then again, some wives can be really cruel and if he can prove it, then he can get divorce. You will have to counter his allegations.

Filing a DV is not going to help in any way. It will help advocates. Whatever you want, file counter-claims in the divorce proceedings. This will keep it simple and help you salvage the marriage if indeed that is your goal.

File a DV case or police complaints and kiss GoodBye to your marriage.

Ashish Gupta   29 August 2018

Dear Deepthi

If you really want to preserve this marriage , then go for Restitution of Conjugal Rights u/s 9 of HMA1955. These days courts refer most of the matrimonial cases to Mediation Cell. There you can tell your issues and concerns and get them sorted out. Or else you can discuss about the separation as well if you decide later on as well. But after filing of DV or Police complaint , there are very remote chances of reconciling. All these cases take lot of time  and efforts . Better to settle amicably.


Ashish Gupta

Deepthi   29 August 2018

Thank u Gupta ji

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