• Husband wants divorce but I don't

My husband wants to divorce me but I am not willing to divorce him.  I have 11month old girl baby. I have problems with my in laws due to which my husband wants divorce.  My in laes are very demanding anf have lot of expectations from me.  I am a working women so i cannot satisfy there demands or needs. 

Please suggest what should I do?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu

Your husband cannot unilaterally divorce him unless your grant him your consent too for this divorce.

Let him contest a divorce against you, in case he is too willing to do so.

Once he files a case you will have sufficient opportunity to defend his claim.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

hi, the best way is to talk to your husband and try to make him understand, that marriage is not a joke and you also have a child. But if he is not ready to then there is nothing you can do.

you can only try to persuade him, and if he wants he divorce nothing can stop him. if you are living with your in-laws you can also try to stay separately from them maybe things may get sorted.

And be strong, you are educated, lady be strong.

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

1) If you don't want divorce from your husband and your in-laws are creating problems to you. Try to talk with your husband first in free/open minded talk that you have to go on job plus travelling time and again you have to work at home 3-4 hours, so you're spending almost 17-18 hours on daily work. So to earn for our family so little bit here and there will be happen in family requirements or structure.

2) Try to tell everything to your husband and share your difficulties and try to get help from him, or ask him to help in family or home work etc.

3) Ask your husband to stand on your side when talking with your in-laws and explain them all your difficulties to help you as you also earn for family to run.

4) Lastly, Try to bring gifts every month to your in-laws as to satisfy their day today needs. May be that get 500/- rupees, see how they will start talking from your side. Bring foods or sweets or fruits in middle of week etc.

Ganesh Kadam
Advocate, Pune
8268 Answers
69 Consultations

4.9 on 5.0

Refuse to grant divorce

2) if husband files for divorce contest divorce proceedings

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

4) you can file petition fir RCR under section 9 of HMA

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

Respected mam...

If you don't want divorce just file a simple petition under section 9 of HMA seeking RCR from the court ...In Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights....

In this petition court will grant you a decree and he will not easily able to take divorce...but mam I would like to advice you to talk to your husband socially and personally rather then taking any legal action ..Make your mind clear you have both the options available...

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Don't be panic.... Your husband will not get Divorce if he will not have proved ground of divorce. So, therefore you must not give any chance to get any ground of divorce. The followings are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955:

1) Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

2) Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

3) Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

4) Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

5) Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

6) Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

7) Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

8) Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

9) Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

10) No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

(Please rate my answer!)

Raj Kumar Mishra
Advocate, Allahabad
64 Answers

4.0 on 5.0

If your husband files divorce then you file restitution of conjugal rights case otherwise no need to go ahead and do anything. It will go against you. Stick to your point and adjust with in laws, if you refuse to stay with in laws, a higher court has stated if a wife tries separating a hindu son from aged ailing parents its a good ground for divorce

Aveek Bose
Advocate, Kolkata
994 Answers
5 Consultations

4.7 on 5.0

Hello,

You can not force a person to live with you. Try and talk to him to settle the issue.

Till the time divorce is granted you can claim the residency rights and maybe there are not enough grounds for the husband to take divorce.

You may also claim maintainance for the child if the father is not taking proper care of the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

If you do not want divorce then refuse to give divorce at least mutually.

Talk to your husband in private or go for a trip . it often soften the bitter heart and may help sorting out the problem if your husband otherwise seeking divorce out of pressure from his parents.

If your husband still loves you then do not let him apply for divorce.

Even if he files a contested divorce then unless the allegations raised in the divorce suit is proved he will not get divorce.

So you may rest assured on the outcome of the divorce suit.

Devajyoti Barman
Advocate, Kolkata
18131 Answers
260 Consultations

5.0 on 5.0

Hi, it is not that easy obtaining divorce .. If your husband files divorce petition you can contest it by denying the allegations mentioned in the divorce petition .. It is also advisable to file domestic violence complaint and section 125 Crpc petition for asking monthly maintanace from your husband for the child

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

Why your husband wants to divorce you, is there any other reason other than their demand for money from you?

You can challenge the divorce case filed by him on the basis of merits and documentary evidences in your possession.

You can also challenge his pleadings if he has come out with false allegations by properly cross examining him during trial proceedings.

Dont initiate any legal action by yourself now, let him do that, you may wait and watch the developments after which you can challenge the same as per law.

T Kalaiselvan
Advocate, Vellore
58913 Answers
747 Consultations

5.0 on 5.0

Hi

You can proceed by filing a petition under section 9 RCR.

This might help you to regain your husband's love and affection.

You can also ask your husband for a counseling session.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

Legal recourse will aggravate your matrimonial issue. It is advisable that one has to approach the court as a last resort to resolve the dispute. In matrimonial issue, it is a public policy that the couples cannot apply dissolution within a year as per S.14 of the Hindu Marriage Act. Therefore, the court shall not grant dissolution within one year and immediately after institution of the petition.

Advise you to stay calm for some time. Try to stay in touch with your husband and definitely his attitude will change. Without your consent, he cannot obtain divorce.

Rajaganapathy Ganesan
Advocate, Chennai
1587 Answers
8 Consultations

4.9 on 5.0

See, it’s very good that you want to save your marriage, but would be of no use if you cannot live along with your husband.

And you have a baby too so I also suggest you to not to go for divorce but wait for some more time.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

There are many ways to support helpless women. Nowadays Laws are also made so strong therfore. File petition for restitution of conjugal right U/S 9 MH ACTand separate application for maintenance U/s 24 HM ACT. Be calm and keep much more patients as it will takes time to result. But success is worth. Thanks.

Shaikh Pirpasha Ajamoddin
Advocate, Latur
18 Answers
1 Consultation

4.0 on 5.0

Divorce can not be one side business.

Just give him some sessions and show your women power.

Tell him clearly that find a way out to this daily problem for the sake of family else face the music. Lot of options are open if you want to save your marriage but try them only when you feel extremely to exercise.

Caring your in-laws is also the responsibility of both of you and you both need to work out some amicable solution.

Vimlesh Prasad Mishra
Advocate, Lucknow
5694 Answers
19 Consultations

4.9 on 5.0

They say marriages are made in heaven. But so is thunder and lightening. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. All marriages have ups and downs.

Divorce in India is no longer the rare breed of animal we get to hear about in a distant world. ‘Divorce’ or the big D word is now heard more frequently than before.

I have come across many cases in which one of the reason for divorce in India is women are becoming more independent. Another factor that contributes to this increasing trend of divorce in India is the fact that women are psychologically and financially more independent now leading them to break free from what can be termed as “restraining” or “unsatisfactory” marriages. Educated working women may not have the time needed to focus on running the household and this creates a lot of stress on the family resulting in divorce.

I would firstly suggest you to sort out the issue amicably. You can visit the mediation centre in Bangalore.

A good mediator will:

• Help both of you discuss your future instead of arguing about your past relationship;

• Help to build trust and agreement through an open and transparent good-faith negotiation;

• Empower both you and your spouse to make the decisions that are in your mutual best interests and the best interests of your children.

Please understand that in India if one spouse says no to divorce, the other can run around the courts all the way till Supreme Court, and judges can't grant divorce based on ground of Irretrievable breakdown of marriage.

Legal options are always available for you. If things are not sorted amicably out then you can file an application under section 9 of Hindu Marriage Act, 1955 (HMA) for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
208 Answers
1 Consultation

4.0 on 5.0

1. Since you do not want divorce you may contest the divorce petition as and when he files. It is not a cakewalk to get decree of divorce in contested proceedings as the petitioner has to prove his allegations at the trial.

2. You can also file a DV case against your in-laws to seek protection order against further acts of domestic violence.

Ashish Davessar
Advocate, Jaipur
26720 Answers
797 Consultations

5.0 on 5.0

You can file police report to the nearest police station about the domestic violence, dowry demand etc. against your in-laws.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. If your husband files the divorce petition, contest the same fittingly.

2. Decree of divorce is sought on the ground of cruelty and you should ensure that your husband does not get any evidence to support his allegation of your any cruel act.

3. As far as possible try to settle the dispute amicably making your husband understand that divorce is the 2nd most stressful event in one's life which should be avoided at all costs since one never knows whether his/her next partner will be any better.

Krishna Kishore Ganguly
Advocate, Kolkata
22781 Answers
613 Consultations

5.0 on 5.0

If you cannot save you married life and staying separately then there no use of the same. Try to convince your husband to make him understand the marriage sanctity. If still the marriage can't be saved then let you husband go ahead. You can submit your version in the court and if no solution is found , as for alimony and maintenance allowance for self and the baby girl including the custody of the baby girl.

Secondly you can move the High Court stating you stand so that High Court may pass reasonable acceptable orders after hearing both of you but the divorce proceedings will be independent of this.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Hello,

When you are not willing to give divorce then you file a separate case for Restitution of conjugal rights which means that you wanted to live with your husband.

Meanwhile you file a Interim Maintenance petition under secw24 of Hindu marriage act in the divorce petition which is files by your husband because without finalizing interim petition court cannot touch the divorce petition which will eventually prolong the matter this would give good gap for your husband to think off you as well baby.

Sivasubramanian B
Advocate, Chennai
47 Answers
2 Consultations

4.0 on 5.0

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