I married on 18 June 2017. My father-in-law initially told my brother (Father expired) he is t against dowry but wished marriage ceremony to be done according to their standard. After both family met, and agreed for the matrimonial alliance, Roka of the boy was done. After Roka, ladke-wale started demanding some Cash and jewellaries on several ceremonies giving reasons of their reputation. On the day of marriage just before phere they demanded cash Rs 2 Lacs, saying that they will avail me of fridge, TV, washing machine and furniture from this cash. My brother was surprised when they suddenly demanded cash. After a week of marriage, in my matrimonial home, my mother-in-law told me to cook food as per their scheduled time saying that they are Radha-Soami followers and followed a rigid time schedule for several tasks. I was forced to follow the same. I being a working woman could not follow such rigid schedules. Before marriage they didn't tell me about such their rigid schedules. My husband didn't cooperate me. He taunted me with my mother-in-law on my way of cooking and household tasks. He got severely irritated when I attended phone calls of my siblings, friends or relatives. He demanded sex beyond a reasonable limit. His such untimely and prolonged sex desire did not let me cook food and do household tasks on the rigid time schedule of in-laws. After a month of marriage, my brother and relatives visited my matrimonial home to take me following a custom. My in-laws happily permitted me to go. After I came to my maternal home, the very next day my husband started coercing me for mutual divorce. I asked him why he wanted divorce. He said he thinks "ki hamari shadi aage tk chal nahi payegi, isliye divorce le lo". He further said " I want you to quit job and sit home and don't visit/call your friends, siblings and relatives. I said him I couldn't do so. Living in society, we have to visit friends, relatives and siblings. He argued and intimidated me of divorce if I did not agree to do so. My brother talked to him and father-in-law to resolve the issue but they abused him a lot and blamed him of taking all my earnings into his account. They demanded us to do all what they wanted and if we could not satisfy them, then they intimidated me and my brother saying "Teri Behen ko ghar bitha dunga hamesha ke liye". Neither he came to take me nor he let me come in my matrimonial home giving certain reasons. He didn't call me nor attended my calls as if I had done some sin visiting and helping my parents. I was served with divorce petition just after it got a year of marriage. In court I have filed Written statement. In second hearing, Judge suggested me to divorce him.I too hurtfully said it's okay I want divorce. In counselling I didn't say anything. My lawyer is a nice woman but lack experience. She forced me to say something in counselling but I was sad and denied to say anything. I didn't want divorce. What I should do now. Next hearing 20May
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If you do not want divorce, you should continue to contest the divorce case filed by husband. You are statement made to the judge verbally would not be used against you.
Simultaneously, you can also file a petition under section 9 of Hindu Marriage Act for restitution of conjugal rights if you want to continue your marriage.
Feel free to contact, if you need any legal assistance in this matter.
You can withdraw your consent for divorce by mutual consent
2) take the plea that you want to save marriage amdhence not agreeable for divorce
if you don't want to take divorce from your husband, contest the petition filed by him.
if the statement made before the judge is verbal and not recorded anywhere then no need to worry,
if the statement is written or recorded in jimni order by the judge, you have the option to withdraw your statement giving reason now you want to save your marriage and want to contest the divorce petition,
So, no need to worry at all,
you should file a petition under section 9 of the Hindu Marriage Act for Restitution of conjugal rights.
I advise you also to initiate DV proceedings for the cruelties suffered by you due to your husband/inlaws,
I am sure the DV proceedings will deteriorate the relationship but do you think you are in a nice relationship with your husband.
anyway,
a detailed discussion may bring something more and fructify for you.
File restitution of conjugal rights and read this below:
Supreme Court allows married woman to stay with parents
The Supreme Court allowed the wife's plea that she be allowed to stay with her parents even though she had married her husband out of her own free will.
1. If you do not want divorce then do not give such consent.
2. It appears there is no serious dispute between two of you. There may be some misunderstanding and ego problem which can easily sorted out if both of you spend some private moments together.
3. Your husband has been acting under some external influence and hence it is essential to talk to him in private to expel his doubts and uncertainty in mind.
4. Go by your gut feeling sand do not go by advice of your advocate all the time.
TALK TO YOUR HUSBAND. Everything will be fine.
Good luck.
1. If you do not want divorce then you have to contest the divorce petition fittingly. UNless he is able to prove the allegations which constitute the ground of divorce he cannot obtain a decree of divorce from the court.
2. You are free to engage another lawyer,
Hello,
please tell as to you have not filed a case of dowry, harassment and maintaining?
also there is no point in being with a person who doesn’t want to live with you and as such divorce is the best option at this stage.
are you getting the amount you spent on the marriage and your goods back after the divorce?
regards
See in your case it is better tod divorce such person as things will get worse only with time you agree for the divorce but demand the complete expenses of marriage , the jwellery that is stridhan that is yours and the cash given as dowry then only agree for divorce.
If they don't agree to your condition file a case of dowry and domestic violence mental cruelty by husband and in laws.
You can withdraw it alone.One of the parties may withdraw his or her consent at any time before the passing of the decree and File Section 9 RCR.
In case you are not looking for drivers then it can take lot of time and you have to file Restoration of conjugal rights to go back to the matrimonial house it is always on your part to decide whether you want to decide on the diverse are you want to stay in the marriage you can force your husband to fight the case as long as it is possible even if it is suggested by the judge you need not to follow the suit and always consistent that you don't want divorce.
Considering the matrimonial situation you need not believe your job as this is a matter of your maintenance
Dear Madam,
Nothing to worry, if you don't want divorce then tell them at counselling directly. There is no ground to get divorce to your husband.
The following information may kindly be read:
A wife is certainly entitled to visit her parents’ home and such a visit per se cannot be the reason for a husband to complain, the bench said.
The Delhi High Court has refused to grant divorce to a man who complained of his wife’s frequent visits to her parental home. A wife is certainly entitled to visit her parents’ home and such a visit per se, cannot be the reason for a husband to complain, the bench of Justice Hima Kohli and Justice Deepa Sharma said. Also Read - HC Direct Delhi Govt To Renovate Room For Brain Fingerprinting Facility in FSL, Rohini, Within Six Months The husband had approached the high court in appeal against family court order refusing his divorce plea. Of many grounds he urged in his attempt to prove cruelty, one was that ‘the frequent visits of his wife to her parental home without intimating him and his family members has caused him mental pain and anguish’. Another contention was that due to a tense and vitiated atmosphere created by the wife, his father had suffered a heart attack within three months of his marriage and an angiography had to be done on him. “These conditions take a long time before they manifest,” the bench said rejecting the said ground as well. Also Read - Delhi Prison Rules-2018 Passed Sans LG Nod, Against Interest Of Inmates & Jail Cadre, Advocate Petitions Delhi HC He also alleged that his wife never respected his family members and she extended threats to them, used filthy and abusive language and had threatened him of dire consequences and that she is lady of quarrelsome nature who neglected their child and did not allow the appellant to play with him and failed to perform her domestic duties like cooking food, cleaning of house, washing clothes etc. “The very nature of pleas noted above are devoid of any specific act of cruelty,” the bench said brushing aside the allegations.
Withdraw your consent for divorce. You should contest the divorce case file by your husband. seek interim maintenace from him, by way of moving an application under section 24, HMA.
File a counter section 9 petition against your husband seeking restitution of conjugal rights. Also, file a complaint under Domestic Violence Act, against your husband and in laws.
Dear Ma'am,
- Until you wish, your husband can not divorce you till he proves any ground for divorce which stands in court against you.
- You can file a petition in Family Court U/s 9 for restitution of conjugal rights and can seek court intervention to stay at in-laws house
- Simultaneously file case with local police station for security and harassment
- Your efforts are appreciable, you can seek separate house to stay with your husband.
Regards
Vivek Arya
You can oppose the said Divorce Petition and also file RCR petition in the same. You can also file counter affidavit bringing all the said facts in record
There is a clear dowry demand and domestic violence harassment in your case, you may think about initiating criminal action against them on the said two subjects.
If you initiate steps for actions against them most of the things will get solved.
In fact if the situation is intolerable it would not be advisable to continue this marital life and you may better think about dissolving the marriage, of course it depends on your mentality, sentimental issues and the advises of your maternal people.
Sir/Mam, I have Filed WS & a counter affidavit. Husband says as he earns less and I being working, may give Rs.1 lakh only and want divorce. Marriage costed more than 12 lakhs. In counseling I said nothing as I was unsatisfied. Counsellor forced me to speak first. I requested him to let husband speak first. He told me husband's advocate was late. I said I could wait. He still pressurized. I denied to speak anything. As husband and in-laws have habit of manipulating their statement to put blame on others. Counsellor said me to go out & send in my lawyer. My advocate came out and almost threatened me for not speaking anything. She didn't tell me what counsellor said to her. Now if I contest, how long it may go. Husband's advocate is a well connected man and a retired judge. Comparing which my lawyer is young & little experienced. She is a Supreme court lawyer and had hardly fought any case in district court. In second hearing judge asked to the husband's advocate why they had filed nullity of marriage u/s 12(1a) & divorce on grounds of cruelty u/s 13 1(1a). Both were different things. Can this petition be quashed. I want true and right guidance from an honest lawyer. In counselling I was asked to surrender my mobile and was forced to talk first that too separately. Till date I have not filed DV, Dowry harassment, FIR or any thing. Only reply has been filed. Also I want to know what may happen, if I ex-parte. As being in emergency services, neither I can pay high fees, nor I have time to go in courts. I have no child. My lawyer mostly comes late in court and does not guide me in advance or tells any cautions to take. Should I change my lawyer. I rely on my advocate, as I lack legal knowledge. Now I have decided to contest, but I am afraid how long it may go. As my mother is a heart-patient and all what happening with me has affected her emotionally too. Please suggest and help.
The contested divorce may run for years, at least two to three years.
If you have decided to contest the case then you better change your lawyer since you are not satisfied with the performance of your current lawyer and also she may not be in the knowledge of the procedures in the district court.
It is absolutely your right and will and wish to continue with this lawyer or change the lawyer.
Dont risk your future due to lawyer's inability
Change your lawyer immediately and engage an expert lawyer from our portal.
You initiate other proceedings like DV Act and 125 Crpc for maintenance. You file a application before the judge to again assign a new counsellor as she pressurized and threatened you. The nullity and cruelty is different. Nullity is when the marriage is void and n grounds of misrepresentation and fraud. But cruelty can include many acts. So you need to first amend your petition to make it cruelty or nullity depending on your case facts.
1) contested divorce proceedings take 5 years to be disposed of
2) you are at liberty to change your lawyer
3) your husband must have sought anullment of marriage and in alternative divorce on grounds of mental cruelty
4) litigation is long drawn and expensive proposition
5)amicable settlement is best option
If you contest the case the case would go on for 2 to 3 years.
They could not have filed for annulment and divorce in the same petition. It can be either but not both.
You cannot be forced to surrender your mobile in counselling and if you don't feel like going, it is not compulsory at all.
Please see to that your Counsel is there to help you out in such petty matters.
Also, your advocate has no authority to shout at you even if you don't want to speak to The counselor.
See if you don't want to.stay together both of you can peacefully go for a mutual divorce demand some amount from him if he agrees then it's good otherwise change lawyer who will contest the case experienced lawyer he will drag the case and make them to surrender so that they will agree on demands.
nothing wrong if you didn't speak FIRST before the councilor, the
judge is right in saying petition u/s 12(1a) & divorce on grounds of cruelty u/s 13 1(1a), both are contradictory cases and his lawyer, the retired judge, has done a mistake.
you can change the lawyer, its purely your call,
my advise is still intact and you should file a petition under section 9 of the Hindu Marriage Act for Restitution of conjugal rights without further delay.
I also advise you to initiate DV proceedings against husband/inlaws before it's too late
a detailed discussion may bring something more
1. You must engage some seasoned family court advocate
Do let me know if I can be of some help to you in this regards