• How I can I prevent divorce

We've been married for 5yrs. it's a semi arranged marriage. First things were gud. But I came to know mother in law was against this marriage. Later she demanded my gold to be sold. But I informed my father. He said to her that gold was given for our lives security do not sell it. She was irritated at this She would create problems against me. Finally she demanded a house should be built nearby. I had a private job and my husband had a government job. Due to illhealth I came back to my home. I said to my parents I cannot stay there due to several reasons. They were not happy first. Husband would come once or twice a week. But he got into fight with my brother. I couldn't go with him as I had pneumonia. He stopped coming. We would see each other outside. Last year father gave me a flat to live. I shifted and called him. He said he won't come. I pleaded very much. He got fracture and was hospitalized. I went to hospital. He got discharged and went back to his home. I had to take part in my brother's marriage. Then I informed him that I'm coming to his house. But he said no need to come as he has filed for divorce. Now I don't know what to do?
Asked 1 month ago in Family Law from Trivandrum, Kerala
Religion: Hindu
1. Filing for divorce for such a small issue is indeed a very shocking incident.
2.Your husband seems to be under influence of his mother.
3 So talk to him in person or start staying with him. i am sure everything would be sorted put.
4. If noting works out then you can file case for maintenance under PWDV Act.
Devajyoti Barman
Advocate, Kolkata
6509 Answers
72 Consultations
4.9 on 5.0
1) divorce by mutual consent is best option 

2) if you dont want divorce you can  contest the divorce proceedings 


3) court would refer case for counselling . you can take the plea that you dont wwant a divorce and want to save marriage 

4) you can  also  file petition for restituion of conjugal rights under section 9 of HMA 
Ajay Sethi
Advocate, Mumbai
26204 Answers
1425 Consultations
5.0 on 5.0
You should have managed to go to his house when the things were still under your control.

Well, you have to defend your case properly against the divorce petition he has filed on the basis of merits in your side.
T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
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1. If you want to prevent divorce the only way to do that is by contesting his divorce petition on merits when you receive summons. Unless your husband proves all his allegations he cannot get a decree of divorce.

2. During the subsistence of you marriage you have a right to reside in your matrimonial home, which you can enforce by filing a case under section 12 of PWDV Act, 2005.
Ashish Davessar
Advocate, Jaipur
19256 Answers
487 Consultations
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1) your husband , in laws and your own parents want your divorce to be finalised 

2) dont go back as your husband is not ready to accept you 

3) you can contest the divorce proceedings if you so desire. it would take 5 years to be disposed of 

4) your husband will have to prove allegations made in divorce petition to get divorce 
Ajay Sethi
Advocate, Mumbai
26204 Answers
1425 Consultations
5.0 on 5.0
If you have confidence to save your marriage then challenge his case properly.

There is nothing to prevent you to enter into his house so long you are still his legally wedded wife. 

Dont worry whether they accept you or not, you can make an attempt to enter inside, if he restricts or stops you from entering you can take the help of police to gio inside your matrimonial home. 

You may not get support from your parents but you should make sure that create an alternate source of income to survive
T Kalaiselvan
Advocate, Vellore
16576 Answers
153 Consultations
5.0 on 5.0

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