1) file petition for RCR under section 9 of HMA
2( both cases would be clubbed together
3) when case is referred for counselling take plea you want reconciliation and not divorce
Divorce filed by husband
Hello, My name is Sheela, my husband filed a divorce petition 6 months ago against me on mental torture and cruelty. But, I was under medication for my depression which I had before marriage and I did some stupid things to my in laws which led to this issue. I admitted to my husband that I did it and I apologized but the bad thing is my mother in law died 3 months back where my parents and I went to pay our condolence but some how I got irritated and fought with my husband in front of every one which added fuel to the issue. My husband have the proof against me which he will submit in the court. I begged him for a chance but he said he don't want to live with me as I am the reason for his mom's death. How can I convince him and the court to live together. I did all the mistake and I will accept that I am the reason for his mom's death.
Asked 6 years ago in Family Law
Religion: Hindu
16 Answers
Hi,
You are suggested to submit the suitable reply along with supporting medical treatment documents to show that your behavior is always good but due to disease your conduct sometimes becomes irrelevant and your husband must cooperate with you in such conditions.
Please note that the divorce is only allowed when both the parties are not agree to compromise in mediation. In mediation you need to agree to compromise and press to go back to your matrimonial home then there are chances that this divorce will not be allowed by the court and at the same time you can file a Restoration of conjugal rights petition under section 9 of Hindu Marriage Act to strengthen your case.
Dear Client,
File for restitution of conjugal rights. And don`t even accept that you are reason of her mother death. And your last quarrel can be excused with that when he accused you for his mother death, you lost temper. And this is certain, any normal person will not bear such accusation. Rest convincing him is personal thing, no legal solution.
See you can seek counselling and mediation in court and you can try to talk to your husband see in court you can contest that allegations are false and you don't want divorce can drag matter but to convince husband you need to personally talk to him.
You can file petition under section 9 RCR and contest the case on merits.
Thank you all, but the only problem 1) My parents didn't reveal that I have some depression issue and under medication to my husband family. 2) My husband is having strong evidence against me when I was ill treating his parents. I mean audio recording's. 3) My parents are suggesting me to contest the case and drag it as long as I can. 4) there is a audio recording in which my mother is telling my sister in law that I am threatening my parents that I will commit suicide so my mom is asking my sister in law to take care of me. Will this be a problem when submitted in court? What can be done? I know I have done a terrible thing but I don't know what to do.
Asked 6 years ago
Yes it can be as all the evidence are.agaosnt.you dispute the evidence and drag the case.and try in between to contact husband and come on common.grounds he will agree at some point
No problem neither you say so and keep it like , that it was informed to in laws.
That`s very bad
No other option
No
Be relax and calm, solution is time and at present issue is red hot so check your temper.
Dear Madam,
Nothing to worry, the court would not entertain any divorce petition on the face of it. Upon filing of the petition the court would refer the matter to mediation where the parties would be allowed to discuss and reach an amicable settlement. You can mention and convince them that what you want that is you accepted your mistakes, and want to live with husband at the time of mediation. Further if your husband further proceeds with the divorce matter you may file your reply and seek for justice. However generally the court will take discretion and pass order accordingly.
Just keenly contest the divorce case that has been filed against you by your husband.
Deny all his allegations. Submit evidence which counters the stand of your husband.
File a meticulously drafted reply in response to the divorce petition filed by your husband.
Audio recordings are admissible in evidence
2) threats to commit suicide amounts to mental cruelty
3) you can contest the divorce proceedings
You don't have any other option to contest the case. There is no life with living with your husband if he is not accepting you willingly. You can also opt for mutual divorce by taking a one time alimony settlement.
1. The only way you can convince him is during mediation. You apply to the court to refer the matter to mediation.
2. If mediation fails then you can contest the case on merits.
3. You may also file a DV case to seek right to residence in the shared household of your husband.
You can convince if the court is inclined to listen your arguments .
The most important factor is your husband should get convinced .
Regards
G.Rajaganapathy
Once you appear before court for the hearing in this case you both will be sent for mediation.
You can express your feelings and decision to live with him before the mediator and also you strongly fight back his divorce case.
The audio recordings are not admissible evidence before court of law.
Hence you may deny all the allegations leveled by him and strongly contest the case.
The burden to prove his allegations lie on him.