Upgrad LLM

husband not agreeing divorce nor what to stay with me


Hi,

My Marrirage was only for short duration, Within a month of marrirage i came to know the true colour of my husband, He had lost his job after engagment which was not communicated to us, I am a HR my professional i send him for interview he does not go, Not Intersted in US job also, Till 6months i have taken care of all his needs, He and his family members have even sold my jewellery, My in laws are useing abusive words if i ask my husband to go to work, His family as lot debt in there home town. One day we had heated argument he used domestic violence aginst me so i left his house and staying in my parents house. Now it is 2yeras we have seprated in the mediation he is not agreeing for Divcore and he is saying he will not allow me to marry again nor be happy in life. He even  does not want to take responsibilty of me . He is still not having job. 

Plz suggest

 

 
Reply   
 

as he is not with u since 2 years. u can apply for divorce

 
Reply   
 



You file for divorce under section 13 as you have two very good grounds, that of cruelty and the other that he has deserted you for more than 2 years. His consent for divorce is only required when a joint petition for divorce by mutual consent is moved under section 13B. However, when you apply for divorce u/s 13, he would have to contest such divorce proceedings and if the court finds that cruelty took place or there is desertion for more than 2 years the court can dissolve such marriage whether the husband agrees or not.

TS Makkar

Advocate

 
Reply   
 
Lawyer at Supreme Court of India

Mam, 

 

File the case for divorce on the grounds of cruelty, I fell your case is fit for cruelty. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


Total likes : 1 times

 
Reply   
 

Don't worry, your husband is not able to bound you within the relationship on any legal ground. File you petition on the grounds of cruely and desertion. Anish Sarna
 
Reply   
 
writer & an editor

why you waited two years for sending him divorce notice? without which how can you say that he is not ready for divorce? first send him notice through local advocate after wchich the actual legal process will begin. 

 
Reply   
 
writer & an editor

why you waited two years for sending him divorce notice? without which how can you say that he is not ready for divorce? first send him notice through local advocate after wchich the actual legal process will begin. 

 
Reply   
 
writer & an editor

My dear woman, you think your husband abused and cruelly treated you. At least that is your claim.

However, will you dare to tell me another truth why you waited until now for seeking a legal help despite knowing that your husband abused and ill-treated you for twenty-four months. In addition, even if we assume your story true why did you not approach with police until now? What are you exposing today after two year, what was the reason behind hiding such things until now?

Who abused and ill-treated whom just a month after marriage is matter of trial because this woman has not even issued a notice to her husband. In addition, if husband succeeds in establishing the grounds of wife's cruelty and desertion as under Sec 13(1)(ia) and (ib) of the HMA there will no other reason under the law on account of which the husband will be denied the relief. Based on accusation alone you will not win the case.

 
Reply   
 

Dear Mr Madan singh,

I waited for so long thinking the situation will change, In indian society do you think we can leave  husband in a months time of marrirage will not parents ask us to change this attitude, For men it is easy to walk of marrirage within a month not for women. I dont think any body well stories in this fourm. Appricate if you can understand people's concerns and  help with suggestion.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x