Alpna Saxena (PD trainer) 11 February 2014

What should be my next step

Hello friends, I am a working mother. Got married in 2008 in Faridabad (Hariyana) and stayed in my matrimonial house in Delhi, and now staying with my parents in Nashik since last 8 months.I have filled a interim Maintenance case in the family court Nashik. And also lodged an FIR for 498(A) in the Nashik Road Police station just recently against my in-laws and my Husband. My husband was asked to appear in front of the Women protection cell in nashik twice but he did not apprear. He was also supposed to appear in front of the Court with reference to the maintenance case twice but he did not appear but his lawyer submitted his appreance. But post i filed the FIR I received an RCR petition from my Husband which was filed 5 months back from Delhi Tees Hazaari Court. Now i want to get this RCR thing transfered to Nashik. In this RCR he has impeached my Character to a great extent and mentioned stuff which never atall existed and is all shere fabrication of facts. He has used my then Bosses and office collegues names to proove that i was into an affair with all of them and also mentioned the name of my love interest who had proposed me before my marriage but when my parents denied that offer that man went away and me and him never contacted each other but I in good faith told my husband about this experiance of mine after my marriage and now he has used it against me stating that i m still in touch with him, which is absolutly false. along with all of this at the end he has mentioned that he wants me back. My reasons to come out of my metrimonial house were: undue demands of money from my in-laws and husband for purchasing a new flat in faridabad ,when i denied this demand they started accusing me of being a bad chareter woman and also they never behaved well with my daughter. I left my metrimonial house only with my cloths. All my jwellary andmy certificates are still at my husband's house.I now want a divorce, my lawyer is fine but here in this forum i just want to know from experts what my next step should be. As i m scared that my lawyer would linger around to just make more fees. so if i get suggestion in this forum i can decide on my next steps.

Looking forward for honest and relavent responses only please.

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2 Replies

Sameer12345 (SSE) 11 February 2014

if You want divorce, You should have talk to your husband and convince him for Mutual Consent Divorce.

Samir N (General Queries) (Business) 15 February 2014

Two things stand out in your descripttion:

1. As i m scared that my lawyer would linger around to just make more fees.

You are right. He will do just that. Be assured of that. To avoid this, start doing your own reading. You appear to be a bright person. Read through all the relevant Acts. Its easy to understand them. You will know your options. Never sign on anything unless you have a couple of days to read it. Advocates tend to push things before you at the last minute and expect you to sign. NEVER EVER AGREE TO THAT.

2. YOU HAVE A DAUGHTER. You mention her very casually in this entire problem of yours. That gives an idea of your focus... It appears to be on yourself. Perhaps you should take a look at your priorities, rethink them, think of some sacrifices for your daughter's sake and try to patch things with your husband.

3. If divorce is your real final decision, then RCR can be defended by proof of his cruelty. False allegations are equivalent to mental cruelty. If the cruelty rises to a level that is impossible for you to stay with him, then RCR gets thrown out and you can counter-that with a divorce petition in the same case. This way your cruelty arguments and his false allegations both can be proved or unproved through the same set of evidence. The truth will come out in the evidence phase. These days husbands are more likely to prove that the allegations against him are false. Of course, only you and your husband know the truth so I cannot comment. GOOD LUCK but don't forget your daughter's well being in all this...