• Forcing to give divorce

I have some allergy issues and during a function they came to know that i have allergy .i was unable to take breathe properly but was okay.They think that this is a big disorder.My in law started questioning me about the issue i have already informed my husband and my mother in law before marriage but they are like why your parents didn't informed. Due to this reason they are asking me for divorce.i have all the reports and i dont have asthama.even after discussing this to them they are not ready to accept me.its only 1 and half month of of marriage and they are not ready to get the marriage registered and asking us to give divorce without going to court.They are saying we dont fear from police or court we will wait for as much time you want but will not let the girl to enter our house.
Asked 5 years ago in Family Law
Religion: Hindu

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28 Answers

1) merely because you have allergies is no ground fir divorce

2) further for marriage to be dissolved you need court order dissolving marriage

3) only in exceptional circumstances can you your husband file for divorce before expiry of one year of marriage

4) if you are not allowed in your matrimonial Home file DV case against husband and in laws seek right to stay matrimonial Home , maintenance, compensation for mental torture undergone by you

5) you can also file RCR petition u set section 9 of HMA

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

1) you can file for divorce, if marriage is soleminzed in custom as per hindu law. Then husband is liable for it to take care of wife.

2) Any how you can apply for divorce after 1 year of marriage and you have live separately.

3) If you're house wife than alimony will granted, otherwise not means if you are working women.

4) After completing 1year from date of marriage , you can apply for divorce. And 6 months to 18 months is wait period its called as cooling period. Court appoints counselor in between for your patch up.

If you require further help do select consultation call

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

1) if you don't want to get divorce, than stick with your husband as he knows all your personal problems. Try to convince your in-laws. And make your side your husband should stand against all voices.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

1. It is really unfortunate to know that your husband is acting like a child.he may be either fool or does not have spine to go agaisnt the wish of his parents.

2. Ta;k to him in private or go for a tour somewhere else.it is essential to convince your husband first. Once he understands that he is not behaving like a amtured man he would realsie his folly and would stop talking of divorce.

3. Keep patience and do not abuse them in anger. It may be temporary phase and afater sometime their frustration may end and everything would be normal.

4. Do not leave your matrimonial home under any circumstances.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

Husband here do not have any valid ground for divorce even if he files for it. If the things really go down hill file for restitution of conjugal rights in family court. There shall be a mediation to sort out things.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

On the basis curable diseases and minor health issues looking to go for divorce is a foolish idea.

You need not to be afraid and stand firm and tall.

Asthma is a curable diseases and no one can ask divorce on the basis of this.

If you face similar problem you need to call 1090 against your family member and let the police do the councelling of them.

Stay happily!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

They can force you to get Divorce for such stupid reason. If they harass you, you can file a complaint against the husband and in-laws. Even in court such stupid reason can't succeed for divorce.

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

You can file a petition before lok adalat for mediation and counselling.

They have to attend the lok adalat once they receive the summons

Whether the marriage is registered or not, since it has been solemnised, it is a legally valid marriage hence divorce cannot happen outside court.

The allergy is not an incurable disease or a fact material for marriage that they can find reason to not to allow you inside the matrimonial house, nor they can file any case in the court for suppressing this matter.

If they still torture or harass then file a complaint under domestic violence seeking the relief of protection, residence and interim maintenance.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

If you are keen to live with your husband, then don't be in haste to file 498a or criminal case. At the same time, don't consent for divorce as it is your life and let him understand that life is full of rose and thorns and he has to accept. As you didn't had affair, he should understand, reconcile and lead a peaceful marital life with you. Don't take legal recourse now as it will adversely affect your matrimonial life. Be patient for some time and he will come to negotiate and demand that you want to live with him.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

If he has not said anything about your past affairs and agreed to marry you despite knowing everything about you then he cannot refuse to live with you.

No divorce case is maintainable even if he tries to file one

Further, besides DV case you may file a petition seeking RCR under section 9 of HMA which will certainly invoke some response before lodging any complaint with police

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

1. Suffering allergy is no ground for divorce under Hindu Marriage Act. The disease has to incurable.

2. Furthermore, there can no divorce without going to court. Only a court of law can dissolve a marriage.

3. If he still wants divorce then let him file a petition for divorce on the ground of cruelty which you can contest. Unless he proves his allegations he cannot get divorce.

4. The court can refer the matter to mediation to reconcile your differences.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You just continue with him and they cannot abandon you unilateral.

Keep this in mind that your husband cannot divorce you unilaterally as long as you too too are not ready for a divorce.

Since you are keen to continue this marriage, the only option your husband is having is to contest a divorce case against you.

You will have full opportunity to defend yourself and explain your case before the Court.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hello,

Maam I understand the situation that you are going through, but you can not force someone to live with you.

If they are harassing you you can lodge a FIR against them for harassment and can also claim residential rights.

They do not have any ground to take divorce from you, as the conditions does not fall under any of the ground mentioned in the Hindu Marriage Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Also, no divorce can be taken before 1 year of marriage.

if the husband do not take good care of you, then file a FIR and claim maintenance.

If they are adamant on divorce, then claim huge amount of alimony from them.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

1. You can teach your husband and in laws a very good lesson for harassing you and treating you as a commodity with which they have found some defect.

2. If they have thrown you out of their house and are not letting you in, then you can lodge a police complaint u/s498A of IPC alleging dowry harassment, file a DV case seeking rightto stay in your matrimonial house or in the house where your husband stays, protection and also maintenance.

3. All those people can be made to run for their money.

4. However, the problem is that after you lodge/file the above complaint/cases, the personal relationship with them will break completely (it does not exist now also since they are forcing for divorce).

5. You shall have to decide as to what do you want now and then act as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. Past relationship is not the acceptable cause for seeking decree of divorce. Your present connection with your paramour shall have to be established first for seeking divorce on tat ground.

2. Negotiate with your husband to ascertain what does he want in this regard since he is maintaining tactful silence as per his convenience.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Dear Querist

if you want to live with him then it will be better to go for any marriage counselor and get the counseling and try to save this marriage.

contested divorce is very though and take more then 5 years, hence no need to worry about divorce case.

if you want to take legal action against them for this domestic violence then you may file a domestic violence case against them before the magistrate court but after filing the case, forget the saving of this marriage.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) marriage cannot be dissolved by agreement executed on stamp paper

2) there has to be order passed by court for dissolution of marriage

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

No that's not possible. Divorce/Separation on stamp paper is invalid. One has to approach the court to obtain divorce.

Whether or not the marriage is registered, is immaterial.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

your affairs before marriage are immaterial

2) if after marriage you did not have any extra marital affair husband cannot accuse you of adultery

3) refuse to agree for divorce

4) contest divorce proceedings filed by husband

Ajay Sethi
Advocate, Mumbai
89049 Answers
6352 Consultations

5.0 on 5.0

See the divorce deed is not a completely legal thing to do for a divorce neither court recommends this practice. See registration is different thing you are married with the tradition and rituals for that you have to go through proper divorce under Hindu marriage act.if any such deed is registered also it can be denied under force or coercion.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Impossible, invalid and illegal. If the marriage is solemnized in accordance with hindu marriage act, then, the court is the competent forum to dissolve the marriage.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Divorce can not be obtained through notary, the same will be an invalid divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

1. You have married by following Hindu customs and rites and the marriage has already been solemnised even with out registration.

2.It appears that they want to get your husband remarried for more dowry since the reason they have found to send you back is totally unacceptable.

3. It also appears that your husband too is involved in this criminal conspiracy.

4. There can not be any divorce by notarising an affidavit.

5. For getting the decree of divorce from the Court, your husband shall have to file a divorce suit on appropriate ground like cruelty and he has no ground to seek divorce decree.

6. Take retaliatory action as suggested in my earlier post by lodging police complaint and filing the stated cases.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Whether the marriage was registered or not, since it is solemnised the marriage is legally valid hence the marriage can be dissolved by a decree of divorce through a court of law alone.

The marriage cannot be dissolved by a divorce deed, even if it is notarised.

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

No it is not possible.

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

No it is not possible to have separation without the help of the court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Notary or stamp papers are not the legal way of dissolving marriage.

If you wish to live with your husband then you may file restitution of conjugal rights at family court or sub court at your location. Court will give enough opportunities through meditation and where you and your husband can talk before the judge. Try to convince him else let him challenge the case. Meanwhile you may also file maintenance case against him which will ensure that he is your husband and he has to maintain you.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

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