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Pavankumar   08 December 2023

What moral right do parents have to take a divorce at the cost of disturbing life of their child?

Namaste respected members of LCI,

My case:
I cannot live with my husband and my in-laws, because I fear for my life and my chid's life. I filed a 498A. Then my husband filed a conjugal rights case. And I filed a DV.  

But I do not want to take a divorce also, because I do not want to make a life, nor do I want my husband to make a life at the cost of the life of our child, since if we take a divorce, the life of our child will be disturbed. We the parents of our child have no moral right to make a life at the cost of the life of our child.

I am of the opinion that, even if we husband and wife, do not like each other and I do not want to live with him, we have to live together to give a life to our child. It is we, who have brought the child to this world, and it is our moral duty to give a life to the child together as its parents at all costs. We have no moral right to take a divorce and make a life for ourselves at the cost of the life our child.

I want my husband to visit us at a place where there is someone whom I trust and keeps a watchfull eye on the safety of me and my child. After all I have gone through for 5 years at my husband's house, I cannot trust, anyone other than my parents. So I want my husband to visit me and my child at my parent's house, till the time my child grows old upto about 18 years or more, when the child can protect itself. Even though I do not trust or like my husband, I am ready to accept him for the sake of our child, if he visits us at my parent's house.

What remedy do I have under the law? How do I convince the sate of my situation to the court?

I request honorable members to give any valuable feedback in this regard. I would greatly appreciate any help in my case.

Thank you and warm regards ‚Äč



Learning

 4 Replies

Real Soul.... (LEGAL)     08 December 2023

Moral rights cannot be enforced through law,though directives could be there.

However if he filed suit for conjugal rights means he too don' wan divorce, better to contest that and plae your conditions for restoration 

1 Like

SAM (LEGAL)     08 December 2023

Withdraw your 498a case against your husband and go back to stay with him so that he will take care of your child. Dont try to waste your life by filing cases in court. Its of no use. waste of time and money and energy in court. Try to adjust with your husband. You will not achieve anything in life by filing court cases. Try to reconcile with your husband at the cost of your children and live peacefully with harmony. Leave your parents house immediately and go and settle with him and trust me you will never regret this decision of yours if you try my advise.

T. Kalaiselvan, Advocate (Advocate)     08 December 2023

You can submit to decree prayed for by him in the petition filed for RCR with your conditions what you have mentioned in your post. 

Since you don't want to file a divorce case,  you are at your liberty to decide about either living with him in a separate house or separately away from him.

 

1 Like

Pavankumar   08 December 2023

Originally posted by : Real Soul....
Moral rights cannot be enforced through law,though directives could be there.However if he filed suit for conjugal rights means he too don' wan divorce, better to contest that and plae your conditions for restoration 

Thank you Realsoul for the reply. I will ponder over your valuable advice and get in touch with you for further contemplation.


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