• Divorce put by husband

Hello
What rights my husband has in filing and getting divorce? His family is pressuring him to get divorce and he is making grounds for it. He keeps collecting small evidences against me. Last year, we had mediation and he withdrew. Now again, due to family instigation he wants divorce. I have my bed ridden mother with me since last 2 months which he feels is a burden now and wants to get rid of me and my problems once in for all. 
He is the one who is torturing me mentally and blaming me by name calling, threatens me to leave his house, puts blames that I disrespect his parents (his parents don't live with us). I recently had a miscarriage and his behaviour was completely negligent and careless towards me to cover it up he went and filed a police complaint against me with many false and baseless allegations. 
I don't want divorce. What are my rights? What decisions will court give incase I don't agree to divorce at all and how long such proceedings go for? Also, what can be my husband's next step when I refuse, can he leave the house or tell me to leave, or he can he move to his parents house and abandon me? Pl suggest as I am scared and don't want this divorce. Thank You
Asked 4 years ago in Family Law
Religion: Hindu

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18 Answers

Hello,

Divorce can be filed by your husband on the ground of mental cruelty under section 13 of the Hindu marriage act. Even if you do not agree to the divorce then also the court can pass a decree of divorce, it totally depends on the fate of the case i.e., he is having grounds for divorce or not.

Also, he can file a suit of injunction and refrain you from entering his house.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You are not required to leave your job to participate in the court proceedings. You will have to appear before the court once on 1-2 months.

Also, you can file a case of harassment against him in the police station if you are being harassed and may also claim maintainance later from him under section 125 of cr.p.c.

If he initiates proceedings of divorce then you can also claim litigation expenses from him by filing an application for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.. dear client .. if file for divorce.. need to prove solid reasons for that .. for small small.. fighting or day to day disputes.. court will not pass the decree of divorce.. u don't worry... immediately meet a lawyer in Ur area and discuss whole thing.

For more details call me through kaanoon.com

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

in case if your husband filed divorce, donot ignore the legal proceedings, he will get an ex parte decree of divorce against you. You must contest the legal proceedings and mention to the Court that you do not want a divorce. Moreover, you should file a maintenance petition for seeking maintenance for yourself and also file section 9 RCR, if you are no longer living with your husband. DO NOT IGNORE the legal proceedings

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

1. Since you do not want divorce and your husband is not so compassionate for you, then it is better if you file a suit for restitution of conjugal rights.

2. In the said suit you can claim for alimony.

3. That apart file a case under PWDV Act wherein getting maintenance is easier along with other reliefs like damages and alternative accommodation.

4. If there is huge gap of your respective income then you would be entitled to maintenance and fort his do not quit your job.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello

Your husband does not care for you and is searching for excuses in order to declare and prove that you are not fit to be this wife. His family also wants the same.that is why he is behaving like this.

If you don't want to give him divorce, he will have to fight it in the family court. He will have to prove that you have been cruel incompetent unfaithful etc....these are some of the grounds under which a person gets divorce in case he proves it.

Your husband will have to prove what he says in court.

The court cannot and will not grant divorce solely upon his testimony. He has to back what he says with data and facts which he does not have.

Therefore if you haven't done anything and you do want that this marriage should last then try mediation although you have tried it once.

Also before he files a case tell him straight away that his attitude towards you has been very irresponsible callous and therefore if he filed a divorce case against you...you will immediately file a complaint against him alleging cruelty domestic violence torture...and other things which are indeed true. He wants to destroy this relationship.

If you refuse to give divorce he will go ahead and seek divorce by fighting it in court which is not easy.

You don't need to leave your job.your lawyer will take care of everything.

He will have to pay for the proceedings and for your maintenance in case you don't earn that much.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

You should refuse to agree for divorce

2) contested divorce proceedings take 5 years to be disposed of

3) you have right to stay in your matrimonial home

4) if house refuses to stay with you seek maintenance from husband under section 125 cr pc

5) if he files for divorce file petition for RCR under section 9 of HMA

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

You don’t need to leave your job

2) burden of proof is upon husband to prove allegations made in divorce proceedings

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Please note he has right to file divorce but unless he has good ground of cruelty against you court will reject his petition. On other hand you put petition for restitution of conjugal rights if he is not staying with you. Cruelty is difficult to prove as such court will not grant decree of divorce if you oppose it. You need not leave job to attend court proceedings. If he files divorce claim for litigation expenses from him under section 24 of Hindu marriage act. Lastly if he tries to remove you from his home file domestic violence case with jurisdiction magistrate and seek for shelter in his home.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Mam since the husband has filed the case based on the allegations the court shall examine the grounds and the evidence on record the onus is on husband to prove that he suffered cruelty. See even if you deny for divorce you cannot force him to stay with you, contested divorce can take 4-5 years and if the allegations are not proved on you the same shall be rejected.

Further ask maintenance from the husband and along residence.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You donot have to leave the job for court proceeding, contested divorce means that he has to contest divorce against you prove allegations he is making against you. See mere denying that you donot want divorce will not help you have to contest the husband allegation on ground that is taking advantage of his own wrong.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

It all depends upon what type of evidences he has and what is heir evidentary value in the eyes of law. Generally speaking it is difficult to get one sided divorce unless and until one have a very strong case to make. You can also file counter cases to make your case strong.

Regarding the house he is duty bound to provide you with shelter, food and clothes. You dont have to worry on that part legally he cannot throw you out.

Adv vikas khatri

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

If do not want divorce, you are not mandated to grant your consent for the same, it is as simple as that.

You can contest the claim of the husband seeking divorce from you. Do not worry as you will have ample opportunity to defend the divorce petition of your husband.

If you refuse to give your consent for mutual consent divorce, your husband may file a case of contested divorce against you.

No he cannot tell you to leave.

File a case of domestic violence against your husband. If you are unable to bear the emotional pressure being casted by hi, approach the Mahila Thana against him with a complaint. You need not bear the psychological atrocities that he is committing on you silently.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear client

At the instance of husband , divorce don't grant so easily. Strong grounds needed. If you will contest will go for years.On the contrary you can claim maintainnace, right to residence or separate accomodation, complain of harassment and violence etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Divorce is not which is granted very easily by the court.

The grounds for divorce has to be made clear.

Besides during proceeding you need not to leave your job.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

You can fight his divorce case properly.

If you are against his divorce decision, you may challenge it by refusing to budge to his pressure.

He has to prove his allegations which you can always deny, so the burden to prove will fall on him.

If the divorce case dismisses and he abandons you then you may go and stay in his mother's house where he is living.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

Pl revert asap as he is already gone to lawyers and showing wrong picture about me to his parents. He is creating all negative grounds against me, pl let me know how can he get still get divorce if I refuse and what would be his next step? What is contested divorce? Would I need to leave my job for court proceedings?

You dont have to quit your job for conducting this divorce case.

You can engage a good advocate who will not tilt sides at any time

You can deny his allegations in the divorce case and always be watchful s that he doesn't play any trick to get divorce by hook or crook.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

1. Any spouse can file a divorce petition at anytime after a year from the date of marriage under Hindu Marriage Act.

2. One who files a petition for dissolution of marriage has to prove his allegations at the trial if the other spouse (respondent) chooses to contest it. So you are free to contest it. It will not be a cakewalk for him. The court can refer both of you to mediation to reconcile the differences.

3. Your husband can leave the house himself, but during the subsistence of marriage a wife has the right to reside in the matrimonial home.

4. You don't have to leave your job to contest the case.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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