FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nisha Gireesh (Admin)     05 February 2012

Husband going to file divorce?

Dear All

 

Kindly help

 

My name is smrithi and i am mrried to a manwhom i loved and we had1 kid also,Our family life is not proper because of several reason. I had a feeling that i  have to do my owm bussines and got loan from my relatives and from bank.

forst i got money by liying to my husband that i have repaid the amount to my husband brother 50000/- he was under the impression that he had paid to his brother, later i got money from bank 4.5 lakh and also 2 lakh from my relatives, i told my husbanad that i am starting a beuty parlour and for that i have got the loan. Now my husband came to know about every thing and he wants divorce from me which i do not want. i  agree that mistake happened from my part and he is not acceping to it

Another misbehaved, i have done is i had doubted my husband with other collegeue he was really irritated by that also.i accept my mistake but can i stop this divorce.

He is planning to get Divorce.what should i do will i get maintenance from him? can i stop this divorce. 

can any one please advice.

 

smrithi



Learning

 11 Replies

srikanth_thakur (lawyer)     05 February 2012

madam 

marriage means knowing each others emotions and sharing everything. You said that you committed mistake and you accept your mistake. ur hubby has not filed divorce petition. As such negotiate with him along with your and his elders. appolozize to him. He will accept it. 

U can contest the divorce petitoin if ur hubby files any. Divorce will be not granted to easyly.  so dont worry. u said that ur starting a beauty parlour. As such u will not get maintenance if ur hubby proves u have got income of your own. U can get maintenance to ur kid. 

My advise is dont wait any more. Just tender applogy to ur hubby and solve d matter before the ball is in court. 

srikanth thakur

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 February 2012

Smrithi,

Please let go of the thought that you have given him a reason to divorce you by starting the beauty saloon and arranging money for it. It is your right to livelihood, much less any cruelty. 

 

Secondly : If he really wants to seek divorce - then nobody can really stop him, however as aforesaid by Ld.Colleague Srikant it is not easy - one has to prove his or her case by evidences to get divorce. with respect to your suszpicions as to his affairs - for which you've been apologetic - that really does not constitute cruelty. 

 

W.r.t maintenance : depends on how much your husband earns and your income from the saloon, court would also keep in mind your financial liabilities also i.e the loan while considering your income.


Feel free to seek any clarifications.
Best of Luck

Bharat
Advocate (Delhi)
Convenor : Lawyers for Social Justice
9810553252 

Nisha Gireesh (Admin)     05 February 2012

I Have tried my maximum, with my parents, but my husband and his family is not willing  for a compromise. he  cannot pay the amount of  9 lkh to y loan holders, because he  has an income os 20000/- he is saying that he has to look after his kid.

the problem is that  much income i am not getting for repaying the loan. i have got the loan with out  asking him.

he dosnet want to leave with me

will he get diclrce from me 

Nisha Gireesh (Admin)     05 February 2012

I Have tried my maximum, with my parents, but my husband and his family is not willing  for a compromise. he  cannot pay the amount of  9 lkh to y loan holders, because he  has an income os 20000/- he is saying that he has to look after his kid.

the problem is that  much income i am not getting for repaying the loan. i have got the loan with out  asking him.

he dosnet want to leave with me

will he get diclrce from me 

chetan (student)     05 February 2012

telling a lie with ur spouse is not a ground of divorce,u should do 1 work,just ask ur husband what he want? If by closing ur shop all matters would be solved,it would be good, b'coz as u told that u love ur husband alot,so my advice its better 4 u to close ur shop for the shake of ur gud family,if still he would not ready,then go to court fight for ur right.

(Guest)

Sister, Relax ! ! !

If Wife dont agree, then NO Divorce - SC.

so dont worry, Even he will Contest it wil take years for him,

For you.. If you want to save your marriage DO NOT put any 'legal sword',

It will ruin your life and will make his ground Strong for Divorce. Just defend. Rest time is big healer.

Once he realise, He will come back One day.

Hem Raj (advocate)     05 February 2012

hi

i say that it was ur fault .

so feel sorry to ur husband and try to persuade him.

relations are based on belief.

u have broken ur husband's emotion .

so u should be given mental punishment.

but if u think that ur spause can take divorce, forget it .

get relaxed coz it is easier to meet god than divorce and even then when wife is not ready.     if u live separate ur husband then u can claim maintance.

claiming mainance is as easier as difficult to take divorce.

u have so many ways to get relief.

hem raj saini adv

Alok Tholiya (self employed)     06 February 2012

Everyone has given v. good replies. So she has to wokr hard and show that she can repay the loan as well as keep v. cordial relations with husband and in lwas. They r frightened with huge loan amt and its repayemnet burden which may put total family in economic crisis. So work hard and repay loan. 

Dr. Bhaskar Devadatha, Advocat (Partner)     06 February 2012

The situation in which you are today is your own making.  When we are united in wedlock, wife and husband become one.  They are one soul and two bodies.  Emotionally one and physically two.  In a life after holy matrimony, what you have done is wrong.  You need to seek your husband's pardon.

On the otherhand, husband should also understand wife's desires and aspirations to scale economically.  You have done this to start a business.  The proceeds from this business would have definitely gone into your (you and your husband) coffers.  Why should he take the recourse of divorce.  Divorce is the ultimate weapon to fight the marriage breakdown.

Dr. Bhaskar Devadatha


(Guest)

You should say sorry to him and save your marriage. Wife and husband should be like one soul, so don't lie to him in future. I still don't understand, why you have to take a loan of 9Lacs for a beauty parlour by lie'ing when your husband is making 20K/month. 

Lie's are wrecking lot of marriages so be honest going forward atleast with your family.

Alok Tholiya (self employed)     08 February 2012

Lying and to this extent was very bad. But attempting to do business , supplement family income was good attempt and many fail in business. My father is a highly qualified man but he started busines in partnership and the partner ditched. To repay business debt quitely and smilingly my mother gave all her ornaments to him. Years later he is set again as a most reputed proffessional and held in high esteem. Millions of men hv made losses but hardly any wife has divorced rather they hv supported in such crisis. Here is a weak men who does not share the responsibility of acts of wife and wants to avoid owning setback caused due to her immature act. May god give sanity and strength to him to bear this loss and keep united and days will change after      this bad phase is over. But wife must totally change and do everything after taking husband in confidence. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query