• Is suicide documents ground for divorce for husband?

Sir,

Please go thru the notice prepared by my husband's advocate, which says all lie except
that suicide attempt.  
Pls reply how to reply to this below said notice and is my hubby get divorce easily on producing the suicide documents.


Madam,

Under the instructions of my client Sri. .................

1.	My client instructed me to states that, the marriage between you and my client was arranged by the elders and well wishers  and solemnized on 7.2.2007 at......... Bangalore, in accordance with Hindu customs.  The marriage expenses  was spent by both the families.  

2.		My client instructed me to state that, you and my client were                                                                                                                                                                                                      living cordially at my client’s residence with his old and aged parents for a period of three months.  Later on you started ill treating my client demanding him to send his old and aged parents from the house and you intending to live separately in the said house.  My client advised and requested you to live with them as he was the only son here to look after them.  But you are not responding to his request and you were quarrelling with him and his parents for every small things.  And you used to go to your parent’s house when ever you feel without even informing my client or his parents.

3.	My client instructed me to state that, he is doing business for his lively hood.   During the month of   July’08  he had to go abroad on business tour and he had required marriage certificate for applying for his visa documentation as he was married.  That time he came to your house and  requested you to come along with him to apply for the marriage certificate as you are his wife but you straight away rejected his request and did not co-operate with him.  Due to which my client has lost the business opportunity and suffered huge loss in the business. 

4.	My client instructed me to state that, one faithful day in his house you started quarreling with him and started abusing him in filthy language in the presence of his aged parents.  At that time my client try to convince you to live with him and take care of his parents.  At that time you thrown your mangalyasara on him.  Later on my client requested you not to do the same, being a Hindu women.  Thereafter you took back the chain and worn the same.

5.	My client instructed me to state that, you become pregnant and in the month of December 2007 you went to your parent’s house and since then you have not returned to my client’s house. In the month of February 2008, my client had organized your Seemantha ceremony with love and affection in their house and invited all your and their relatives but on that day you visited for your function as a guest only for few hours. On the same day you went back to your parent’s house.

6.	After you delivered a male child formally your brother informed the same to my client. When my client and his parents visited the hospital to see his child, at that time also you didn’t speak to them properly. 

7.	My client instructed me to state that, occasionally he used to visit you at your parent’s house,  like wise on 8.7.2008 my client visited your parent’s house to see you and his child, at that time you and your brother abused my client and your brother assaulted and threatened my client with dire consequences. 

8.	My client instructed me to state that, his elder brother by name Vinod.V had come from abroad and he had organized his sons birthday function, that time my client’s brother and his mother came to your parent’s house and invited you and your parent’s personally.  Even though you or any of your family members didn’t attend the function that day my client had suffered with lot mental stress as all the relatives were enquiring about you and his son.

9.	My client instructed me to state that, even after the above incident my client and his parents have requested you to come back along with the child to their house, but you didn’t return or respond to their request.

       	Hence I call upon you to come and join my client with in one week from the date of receipt of this notice, failing which my client will constrained to move court of law at your cost and risks. 

After this my parents and relatives spoken to them and issue got settled and after that
mil torchuring so my hubby made separate house and after that very trickyly  he used to give
me mental torchure and physical torchure by listening to his mother. SO i took pills and my hubby himself admitted to hospital. since, then  he is not coming to my house and if i go to mil's house, i wil not have peace of mind and it spoils my kids education. He is purely mom's boy.  MIL is always wants to prove his son's wife is wrong. only she is right

Now 2nd notice which he is preparing goes like this:MADAM,

MADAM,

Under the instructions of my client Sri. V................ S/o Sri. ............. residing at .................... hereby issue this legal notice to you as follows:

1.	My client instructs that, you are the legally wedded wife of my client and the marriage between you and my client has been solemnized on 07.02.2007 at .............in bangalore, in accordance with the Hindu customs after the said solemnize of marriage you have resided with my client at his residence.

2.	My client instructs that after the said marriage, you and my client were living cordially with his old aged parents for three months. You have not adjusted with my client and his family and for every small matters you have upset with my client and his parents, you have every time starts quarrelling for silly things and left the matrimonial home without information to my client and his parents.

3.	My client further instructs that, you always raising your voice against my client for every aspect and you have neglected him and his parents and earlier you have left the matrimonial home during your pregnancy period and for delivery to your parents house. After delivery of male child by name ..........., my client repeatedly asked you to come back to matrimonial home, but you have not heeded to his request and after issuing of legal notice dated 08-12-2008 through his advocate, you came back to my client’s house. 

4.	My client further instructs that, after coming to matrimonial home along with child you have again started quarrelling with my client and also with his parents for every aspects and you have no intention to show your child to my clients parents and even after request from your mother-in-law you did not turn up to her request and you did not hand over your child to her. 

5.	My client further instructs that, you have repeatedly forced my client to set up a separate house and for the said reason you quarreled with my client and his parents using a filthy language and again and again you threatened my client that if a separate house is not made you will commit suicide and also threatening to give dowry harassment case  before the police, the same thing has been continued repeatedly. The harassment done by you at the earlier time has been clearly explained in the legal  notice dated  08-12-2008.

6.	My client further instructs that, without alternative my client has setup a separate house at ..............   on a monthly rent and living together in the said house till April 2013 and due to the continues harassment and quarrel my client had forcefully come out from the said house. Even after in a separate house also you have not leading happy life with my client and you have controlled my client and avoided him to go to his parent’s house and if my client goes to his parents house, you tortured him both mentally and physically with all the words which cannot be stated here.

7.	 My client further instructs that for your torture, harassment and cruelty my client had suffered a lot and for the sake of better future of his child, he tolerated all your above abusive things and at the same time he has to take care of his old aged parents who have got operated and suffered from multiple fractures and other old age sufferings but you always tried to avoid him to meet his parents.

8.	My client further instructs that in the month of April 2013, you have threatened my client that you will commit suicide and in that attempt you have been admitted to hospital, the same has been complained to jurisdictional police station and thereby my client has been harassed by the police and after the said incident my client returned to his parent’s house for the sake of his old age parents. 

9.	My client instructs that even after the repeated efforts you have not come to my client’s house to lead to life with my client and you have deliberately avoided my client and harassing him both mentally and physically. My client further instructs even after lapse of 8 months you have not come to matrimonial home and even after repeated request and reminders and many attempts to bring back to matrimonial house from my client is remains in vein and without any proper reason you have deserted my client for a long period and the purpose of marriage between you and my client is utterly failed due to your attitude and from your fault my client suffers a lot and my client recently came to know that it all becomes due to your attitude.
 
10.	My client instructs that after, my client tried to contact you, but you have avoided him and without any proper reason you have deserted my client and it amounts to cruelty and even after all these happenings also my client and his parents wants to receive you to lead life with them since both the mother and father of my client have already crossed 70 years and at this age they have to lead happy life with their daughter in law and grand son. 

HENCE please take notice of restitution of conjugal rights that within 15 days upon receipt of this notice, you come and join my client in the matrimonial house, failing which my client will constrained to set the law in to motion for the necessary relief at your cost and risks.

The cost of this notice is at Rs.5,000/- payable by you to my client.

How to reply for this . All this has happend bcos of mil's dominating nature, jealousy, over possessive and sadist nature. my listening to his mother he has transferred all his property to his mother's name and one property he has converted it into business.

I dont want to divorce, since i hv got kid and my parents are very poor  and i cant live wid mil.
  
pls somebody help me.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Notice is for restitution of Conjugal Rights. As you want don’t want to get divorced, reply to him denying all the allegation made against you and also state that you are willing to live with him and promise him that you will join him.

The restitution notice sent with the intuition to compromise. if you refuse to restitute the conjugal right, he will make that as ground and may institute divorce suit. In such case you should appear before the court and plead your case.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
Hi it is notice for restitution of conjugal right.......as and when you received the notice from the Hon'ble court you should appear.... either by your self or through advocate
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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