• Domestic violence and probability of reconciliation

I got married on 7th Dec 2014. Before marriage ,we knew each other and after 7 yrs we got married with the complete consent of our family nd dowery was given as well.
After marriage,my husband hit me 7- 8 times. Initially for 6 months ,I didn't share with anyone in a hope that everything would be fine someday. My in laws always tortured me mentally for dowery n my salary. After 10 months of marriage ,I called my family to sort out the things in presence of my husband and in laws. But nothing seemed to work ,in fact every time my mother in law repeated about her son's second marriage. My parents went back to home and I came to my fronds place who resided close by. My husband never tried to contact me.and after 1 month he took transfer from Delhi.
I am still living in same rented house where I was living with my husband after marriage. I tried to contact him many times to improve our relationship but he always mentally tortured me over phone and asking for divorce. He never called me,texted me. For last 3 months my family is trying to sort out by talking to his family and him,but they all want separation. I am true victim of domestic violence.i invested my 9 years with him and highly emotionally attached with him. I want to save my married life.
2 days back after seeking a lawyer's guidance ,I have given a complaint in CAW cell regarding DV and reconciliation.
What if my husband file a divorce after all this
Need your right advise to save my marriage, I don't want any divorce.
Please suggest.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1. Since you want to save your marriage then you will have to work this put.

2. Talk to him passionately to find out his reason for anger. go for pleasure trips outside etc.

3. However the marriage works both the aprties want that. if in spite of your best efforts your husband is hell bent upon breaking the marriage then nothing could be done much.

4. So forget about past complaint and ibest in present.

5. if he files divorce suit you can contest this suit but may not save the marriage.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Immediately file a petition under section 9 of Hindu marriage act for restitution of conjugal rights before family court and when he will appear before the court then approach to court for counselling and try to settled the matter amicably and try to save this marriage, take help of your relatives, counsel and marriage Counselor.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

if your husband files for divorce you can file petition under section 9 of Hindu marriage act for restituion of conjugal rights

2) both petitions would be clubbed together

3) contested divorce proceedings take 5 uyears to be disposed of

4) husband has to prove allegations for marriage to be dissolved by court orders

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. you husband has committed cruelty so he cannot file divorce case. if he files it shall be frustrated.

2. you should file a petition for restitution of conjugal rights because your husband has no reasonable ground to refuse your union.

3. you can take appropriate order under DV Act but you should file petition for restitution of conjugal rights to save your marriage.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) you should attend counselling on 7th instant

2) if husband files for divorce you file petition for restitution of conjugal rights

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

This may be not what you would be expecting BUT let's take on the face of the facts as mentioned in your notes.

There is a mention of total 10-11 months that has been spent with your Cruel Husband - and then you left him for your friends place and he was transferred - assumingly you are not staying together for more then an year and you have been trying to reconcile this from over an year and now on advice you file a Domestic violence complaint on the basis of the pictures you have ................FIRST in place if there is a Gap of over 1 year where you have been living separately from your husband your Domestic Violence will not be tenable and any good lawyer representing you husband will get this complaint dismissed.

On the other aspect on the suggestions of a lawyer you have went ahead and filed a complaint in the CAW cell and now you are expecting that your husband should come back and stay with you, additionally in consideration to filing of HM 9 - you can very well file a HM 9 but chances of succeeding in the same are minimum as NO court can force Husband or Wife to stay together as Husband and Wife. And most importantly at on one stand you have alleged your husband to be cruel and physically abusing you on other hand you would like to stay with him ?

Think over - why should your husband be interested to stay with you especially when you have brought the husband wife differences in public ie file a DV complaint.

It would be wise to sort out the matter by discussing the matter personally, as it is an established fact that Legal proceeding in Matrimonial matters leads to widening the gap.

Best of Luck. Stay Blessed.

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. If you do not want divorce then you may fittingly contest the divorce petition as and when he files it. It is not a cakewalk, unlike Europe, to obtain a decree of divorce in India. The petition has to prove his allegations in the court through ocular or documentary evidence.

2. You can file a DV case in the competent magistrate's court to seek right to residence and protection in the shared household of your husband.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

2 days back after seeking a lawyer's guidance ,I have given a complaint in CAW cell regarding DV and reconciliation.

What if my husband file a divorce after all this

Need your right advise to save my marriage, I don't want any divorce.

If your husband resorts to filing divorce case you may challenge it properly.

Do not accept his allegations and put him to prove them.

If your mother in law or other relatives or him are hell bent to not allow you both to rejoin then you may lodge a criminal complaint against them under section 498a and also for dowry harassment.

Please remember that even if your husband's divorce case is getting dismissed, if he is not willing to live with you, the law cannot force him to live with you but your marriage will remain in tact.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

CAW has called me on 7th Feb for individual counselling, probably in next visit they will call both of us. Shall I wait to see, if he comes or not. If yes, what's his attitude and how he wanna proceed further.

You wait for him to turn up on the date of hearing, let him express his views, after which you can put pressure through CAW cell.

Before coming for counselling , if he files for divorce or comes up with some other elegation, in that case if I go for HMA sec 9, will it help.

If he is filing divorce case, you may file a counter to it objecting his petition for divorce, with denials to all his allegations. You can also file a counter claim for restitution the conjugal rights in the same counter instead of filing a separate case under section 9 of HMA.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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