• My husband filed false case for divorce on ground of cruelty

Mere husband or mother in law ne mujhe bola 1week apne ghar chale jao kyunki mere husband ko kahin bahar jaana hai or mujhe mere parents ke ghar se office paas padega. Mere husband mujhe mere parents ke ghar chod kr gye ki mein kuch din ke liye bahar ja rha hun
to tum apne mummy ke ghar chali jao wahan se office bhi paas mein hai tumhe convient reghea or mujhe mere ghar chod gye or next day maine ph kiya to mere husband ka ph switch off tha maine apni saas ko ph kiya or bola ki unka ph switch off ja rha hai boli shayad koi network issue hoga woh bahar hai isliye kuch time baad uhone mere against false case kr diya for divorce on ground of cruelty. mujhe notice mila family court se
ab mera case mediation mein hai. meri marriage December 2016 mein hui. September 2017 ko mujhe mere parents ke ghar chod gye. mere sath bahut bada dhokha kiya hai or ab woh wrong elegation laga rhe hai mediation mein what can i do please suggest
Asked 2 years ago in Civil Law from Delhi, Delhi

1) file petition for RCR under section 9 of HMA

2) seek maintenance from husband if there is substantial differences in your income

3) in divorce petition filed by husband file detailed reply denying the allegations made in divorce petition

4) seek interim maintenance from husband

Ajay Sethi
Advocate, Mumbai
68871 Answers
4146 Consultations

5.0 on 5.0

It's not clear from your question as to what you want I.e. divorce, maintenance or some other remedy in DV Act. As far as divorce case is concerned which is filed by your husband I would suggest to make a good representation of your case in mediation as well as in court

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.0 on 5.0

You please firstly take a deep breath and relax though it is very difficult to relax in this kind of situation.

Secondly, try to find out the reason of their doing so and mediation is the best platform to do this.

You can have a phone consultation also to understand more better.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

You have all the rights to approach the Honourable Family Court seeking relief of restitution of conjugal rights under section 9 of Hindu Marriage Act - if you are interested in continue with the marriage.

You have the rights to seek for divorce with permanent Alimony and maintenance under section 25 of Hindu Marriage Act.

Since case is filed seek appropriate relief before the Honourable Court.

Rajashekar
Advocate, Bengaluru
570 Answers
4 Consultations

4.8 on 5.0

File case for restitution of conjugal rights and a general diary, this can save you

Aveek Bose
Advocate, Kolkata
990 Answers
5 Consultations

4.7 on 5.0

Very sad!

First try to contact your husband and try to know the reason behind it.

Then if mediation is possible then make some amicable settlement.

Otherwise contact a local lawyer and do the following.

1. Lodge an FIR

2. File a complaint in domestic violence act.

3. File an application for maintenance u/s 125 crpc.

Atul Shahi
Advocate, Allahabad
110 Answers
1 Consultation

4.0 on 5.0

You can file an application under Section 9 of the Hindu Marriage Act for restitution of Conjugal Rights and should also contest the divorce case . Also apply under section 24 of the Hindu Marriage Act for grant of maintenance.

Ashish Kapoor
Advocate, Chandigarh
4 Answers

4.0 on 5.0

Ap divorce case ko contest kijiye and claim kijiye ki aapne husband ke against koi cruelty nahi ki, balki aapke husband ne aapko desert kar diya.

Sath hi sath, family court mein restitution of conjugal rights ka case apne husband ke against kijiye.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

you should contest divorce proceedings filed by husband

2) burden of proof is upon husband to prove allegations of mental cruelty

3) contested divorce cases take 5 years to be disposed of

4) you are at liberty to return to your matrimonial home

Ajay Sethi
Advocate, Mumbai
68871 Answers
4146 Consultations

5.0 on 5.0

Daer Client, as explained by you have been victimised of the actions of your in-laws and husband. Firstly we need to know the allegations against you and the mediation proceedings. Feel free to contact.

Megha Kain
Advocate, New Delhi
9 Answers

4.0 on 5.0

ghabrane ki koyi jarurat nahi hai. Unhe apne karmo ki saja jarur milegi.

Apne nahi likha hai ki aap Hindu ho ya marriage,because there is difference in law.

However, mediation me aap clearly bata de , ki aap divorce nahi chahti ho .

Better firstly you mention your religion.then only you will get correct and suitable suggestion.

Mohammed Shahzad
Advocate, Delhi
1020 Answers
19 Consultations

5.0 on 5.0

Dear Client,

as you stated you didn't want divorce so i advise you to immediately file DV and Maintenance cases against your husband and family and put them under pressure.

it will be nice if you revert what type of cruelty allegation they had imposed upon you in divorce petition.

for further info you can call/mail me.

Suneel Moudgil
Advocate, Panipat
1191 Answers
1 Consultation

4.3 on 5.0

mediation mein aap aaram se baithk baat kariye ki hua kia hai, wo aisa kyu kar rahe hain, jitna kar saktui hain utna. for bhi wo divorce chahte hain to app kuch nhi kar sakti, ek do baar court mein bolie.

kisi ke saath zabardasti rehna bhi sahi nhi aapko izzat nhi milegi. aap job karte ho apne pairon pe hamesha khade rehna jisse ki kisi pe dependent na ho.

and agar koi divorce dena chahta hai toh end mein divorce hi hoga , app dekh lo ki maintenance wagehra kitna lena hai

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

Hello,

Kisi vakeel se miliye aur mediation me apni baat rakhiya. Boliye ki ho saaari batein kahi gayi hain wo galat hain aur mujhe divorce nahi chahiye and mai saath rehna chahti hoon.

Agar mediation fail ho jaata hai aur pati apna mukadma kayam rakhta hai to aap bhi un par atyachar ka mukadma daal ke alimony aur maintenance lijiye.

Regards

Anilesh Tewari
Advocate, New Delhi
17267 Answers
267 Consultations

5.0 on 5.0

Mai samajh raha hoon ki aapko divorce nahi chahiye, mumkin ho to ghar ke bade bujurgon ke saat habith kar masla suljhane ki koshish kariye.

regards

Anilesh Tewari
Advocate, New Delhi
17267 Answers
267 Consultations

5.0 on 5.0

Dear Concern,

Please take note of following -

1. You should contest this case with your full might or else the divorce will be granted to your husband.

2. You should state your facts well before the court and shall produce proper evidence in that regard.

3. Since you do not want to give divorce to your husband so you should file a case of restitution of conjugal rights u/s 9 of the Hindu Marriage Act to get back into your matrimonial life.

However, I shall remind you that as per the orders passed by the Hon'ble Supreme Court of India "courts cannot force anyone to live with each other as a husband and wife". If your husband has filed a case of divorce, then it is most likely that divorce will be granted to him unless he fails to prove his case and you produce the evidences which can prove that you are right and your husband is wrong.

Pulkit Prakash
Advocate, Delhi
220 Answers
3 Consultations

5.0 on 5.0

You need not to agree in any thing during the mediation process instead force him to get you back.

File a RCR u/s9 of Hindu Marriage Act along with the maintenance for your self however your financial position will be considered for the maintenance.

If you don't wish to give divorce take some time and do not respond quickly to any notice ( take maximum time to respond and keep maintaining pressure that you will not divorce him)

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

Do not need to worry. You just need to pray before the court for nor granting the divorce and fight against all the allegations made by them. You can also file petition of restitution of conjugal rights against him under which court can order for the continuation of marriage life.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

hi, unko divorce nai milega..aap unpar domestic violence or 498A ka case file kijiye..

Hemant Chaudhary
Advocate, Gurgaon
4308 Answers
31 Consultations

4.9 on 5.0

you can file a petition for Restitution of conjugal rights under section 9 of the Hindu Marriage act.

In the event you are unable to maintain yourself you can seek maintenance from your husband.

Donn't worry about false allegations levied by your husband in his divorce petition as he would have to conclusively prove the allegations levied against you .

R Aditya
Advocate, Delhi
68 Answers
2 Consultations

5.0 on 5.0

Hi

Put these facts in front of court and contest the case with positive attitude.

You can also file section 9 RCR petition to ask to live with your husband.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

Hi, you need to defend the case strongly and bring the truth before the court. It is not mandatory to settle the case in mediation.

Ganesh Singh
Advocate, Delhi
3269 Answers
9 Consultations

4.5 on 5.0

1. If you do not want divorce then you may fittingly contest the case.

2. Apart from contesting the case you may also file a DV case to reside in your matrimonial home without being subjected to any further act of domestic violence.

Ashish Davessar
Advocate, Jaipur
26667 Answers
797 Consultations

5.0 on 5.0

Madam,

You haven't stated the way cruelty has been levied upon you. I mean the grounds. It will be nice to put suggestions after reading the allegations.

You can also approach the court for restitution of conjugal rights and court often tries the best to keep family bonding intact.

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

Before one year he cant file divorce case at any how... Moreover u can file an application U/s. 24 HMA. with your reply. And no need to give divorce.. U have to fight this case for ur dignity.

Nisha
Advocate, New Delhi
6 Answers

4.0 on 5.0

If you feel that he has filed the divorce case on false allegations, you may contest and challenge his case properly.

You can file a cruelty and DV case against him and also you can seek maintenance from him in the same divorce case as well as in the DV case.

What is the reason that he left you alone in your maternal home?

T Kalaiselvan
Advocate, Vellore
58719 Answers
743 Consultations

5.0 on 5.0

I don't want divorce

Then in the counter itself you can file a counter claim for restitution of conjugal rights by paying proper court fee.

T Kalaiselvan
Advocate, Vellore
58719 Answers
743 Consultations

5.0 on 5.0

You contest the case and pray for restitution of congual rights( staying with your husband).

You can file case of maintenance against them under section 125 crpc, Protection of woman from domestic violence Act 2005 as well as in same divorce petition. You can also go for 498A IPC against their harrassment.

Prashant Nayak
Advocate, Mumbai
14413 Answers
24 Consultations

4.6 on 5.0

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