1) refuse to sign mutual consent divorce papers
2) let husband file for contested divorce
3) contested divorce cases take 5 years to be disposed of
4) file complaint against husband under section 498A for continuous acts of cruelty
Can my husband force me for a divorce?
we have been married since a year and against his familys wish and everytime we had an arguement his widow mother came in between and asked him to divorce me.i work in night shifts and he stays outstation and never took interest in me and when i expected to spend some time his mom brainwashed him that he s not my slave and again provoked him to get a divorce . domestic violence started and she encouraged him by blaming me that is shud have remained silent being a female and spoke to relatives also. i also got pregnant and had to abort as my husband and his mom left the house and started stayng with his mama and threatened me for a divorce ,his mom spoke ill about this as well... we were living seperately since 4 mnths wherein i paid the rent and the bills and he contributed nothing but gave money only to his mother and he used to verbally abuse me and hit me and block my number and stay away from home till weeks. the landlords complained to the police and now they want us to leave the house. my husband has taken all his belongings and has fled away and calls me to say that he will file a divorce and i have to mutually accept it else he will ruin my image and life. i want to stay in this marriage but he has made up his mind yet again and has ran away and has blocked me... i am getting mentally stressed as i am alone now and his family has started calling my rrlatives to convince me for divorce. please suggest what can be done. i have filed a complaint as well but they never reah out to him and i ma getting no help.
Asked 7 years ago in Family Law
Religion: Hindu
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4 Answers
Dear Concerned,
This is indeed a tricky situation you are in as the Rented house you are staying in seems to be have rented to your husband - the landlord can definitely terminate the lease. It is suggested to consult a lawyer and plan your strategy for your action in reference to your matter.
You may choose to file maintenance IF your salary is comparatively lesser then that of your husband. You may file multiple complaints as well however - looking at your notes it seems that this marriage have broken down because of the poisonous Brain of your Mother in Law and as she stayed with you guys she did not let you guys come close to each other (mentally and emotionally) and hence your husband has left you.
It is suggested that you may feel free to give us a call to have a free discussion on your matter.
Best of Luck . Stay Blessed.
1. If you do not agree to mutual consent divorce then your husband can unilaterally file a petition for divorce under section 13(1) of HMA which you can fittingly contest in defence once you receive summons. Getting divorce in contested proceedings in India is not a cakewalk as the petitioner has to prove his allegations to the hilt.
2. The court may also refer the dispute to mediation center to reconcile the differences.
If he has done all sorts of cruel acts against you, then you may plan to bring him to the books of police with a criminal complaint under section 498a and also for dowry harassment offences.
You may include his mother's name also in the complaint.
You can even file a domestic violence case against him and his mother.Besides you may even try the option of getting maintenance from him though your claim may not be entertained since you are employed.
Also you can file a case for restitution of conjugal rights.
