My husband send me a advocate notice for divorce on the below grounds he mentioned 1. i have illegal relationship with my ex boy friend and 2. he also mentioned, I bet and scolded him and his parents and 3. he also mentioned i am not in physical relationship with my husband for past 2years which was not true. 4. my husband also mentioned that he is not working now for that i should give him maintenance of 15000 per month and for advocate charges 10000. 4. my husband n me use to work from hyderabad from past 3years and we stayed in hyderabad itself. he is from bangalore and he sent me the advocate notice for divorce from bangalore. 5 . i do not want to give divorce and want to be with my husband how should i proceed further plz suggest
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1) you should in reply to divorce notice deny all allegations
2) deny that you have an extra marital affair
3) deny that you refused to have sex with your husband
4)deny that you physically assaulted and verbally abused husband and his parents
5) mention that husband is highly qualified and can maintain himself
6) if husband files divorce petition contest the divorce proceedings
7) file petition for RCR under section 9 of HMA
we had a argument infront of my inlaws in the month of Jan'2017. from then things have changed drastically. my mother in law started telling our time is not good and she didnt allow me to talk or see my husbands face. they use to perform some poojas. my husband and me do not have any communication from feb'2017. he use to work in Hyderabad till 11th jun 2017 but he resigned and left to bangalore with out information. he changed his number also. my inlaws are not answering calls. when we went to bangalore and asked she still staying he is still performing some poojas and asking us to wait for one more month. i have visited local police station and asked for written confirmation from my inlaws and my husband that we will be together after a week. but it didnt happen. my father in law said he does not any idea about his son and wife. he does know any thing and he does not know where are they. my father has given written statement at office stating that he will get my husband n mother in law and asked for a one week time, believing that we came back to hyderabad. but by the completion of week my husband sent divorce notice from Bangalore advocate and inreturn asking for maintenance from me. i want to be with my husband, whatever my inlaws and my husband has done to me was not fair and they have put all false allegations and sent me the notice. they need to realize their mistake. one more point is I have aborted 8 times, out of which my husband and me together decided and aborted 6 times but last 2 times he forced me to remove the pregnancy which was in sep 2016. but i dont have any reports to prove, he mentioned in the notice that we didnt have physical relationship from 2years which is false. i am loyal from marriage my husband knows it very clear. we both are hindus and I belong to SC. we are married in feb 2013, i am telugu girl from hyderabad and he is tamilian from Bangalore. our marriage is registered, ours was love cum arranged marriage. plz suggest the possible ways. I am going through lots of mental pressure since 5months with my husbands silence. he blocked my numbers and blocked me on whatsapp n facebook. its clearly shows that he has pre planned everything waiting for chance to get rid of me finally he has taken the argument infront of his parents as a chance and utilising it.
1) as mentioned earlier you should contact a local lawyer and file reply to legal notice
2) contested divorce cases take 5 years to be disposed of
3) you can file petition for RCR under section 9 of HMA
4) you can file police complaint against husband under section 498A of IPC for continuous acts of cruelty
First of All you have to issue suitable reply to the advocate notice issued by your husband by denying each and every contention and allegations levelled against you. It seems your husband making grounds for divorce and trying to smartly avoid payment of maintenance and expenses for litigation pendentalite. However such allegations of illegal relationship or extra marital relationship and other bare allegations won't stand before court. If you don't wanted divorce from your husband you have to disprove his allegations and also have to send notice for restitution of conjugal rights under section 9 of Hindu marriage act and there by file restitution of conjugal rights petition before family court at Hyderabad.
1. It is not sure whether you too want divorce or not. If yes then agree for mutual divorce and settle the dispute finally. You can receive one time permanent alimony in lieu of mutual divorce.
2.If not then you can contest the divorce suit if and when your husband files such suit.
3.if you think he has tortured you soa far then you can file case u/s 498A IPC as well.
4. You can claim damages and compensation also for the mental agony he has caused you so far.
5. If you have no proper job you can seek monthly maintenance under PWDV Act.
Since you state that the averments or allegations made in the legal notice are false, you may give a reply denying the same.
You can further state that you always wanted to live with him hence he may be advised to restore conjugal relationship.
You can also file aRCR petition in your place.
You can lodge criminal complaint against him and his parents for the offences of cruelty and dowry harassment with the police in his jurisdiction and also file aRCR case at your end.
You can file a DV case too