• phone calls

my husband has sent an divorce notice last week stating that i have an affair and i get calls from other guys during midnights .. he doubts that i have an affair with some1 before my mariage and still continuing it.. mu marriage was held in june 2013...i have been with him for only 2 months and there i was an student pursuing my btech so came to mom,s place for studies .. now suddenly he has sent an letr for divorce.. i agree i use to get cal during my exams frm my frnds but they r my frnds .. now will the court grants the divorce on this phone call basis?
Asked 2 years ago in Family Law from Haasana, Karnataka
Religion: Hindu
No divorce can be be granted on the grounds of phone calls.Give strong reply to his legal notice through a lawyer and tell that you have been waiting for him to you back to matrimonial home and you are still ready and willing to go back.since he has sent you notice for divorce, you may file RCR if you do not want divorce. and also file case for maintenance.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. The phone calls are not enough to get divorce.
2. However you seem to have lost his faith on you which is a hard-earned thing in marriage.
3. DO talk with him and amicably settle this issue. The animosity has not reached such a  bitter stage for which divorce can be resorted to.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
The court may not ask him to produce your call details. Based on call records, court will not grant divorce.  Engage a lawyer to give a very strong reply to the notice, which should contain your right to stay in matrimonial home and file RCR & file case for maintenance.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
court may not ask him to produce call details.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) it appears that your husband does not want to stay with you any more . 

2) the calls do not make out a case for divorce . 

3) since you were  studying for B tech exams it is only natural that friends call each other for removal of doubts .

4) reply to legal notice and deny all allegations made . state that you wan to continue marriage and want to stay in your matrimonial home
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
contesting divorce is not a easy job
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1 Getting phone calls at midnight from friends is not ground for seeking divorce,

2. Appears your husband is suffering from mental decease which creats doubt on matters which are non issues,

3. You can fittingly contest the divorce suit filed by him,

4. You can file complaint u/s498A against him,

5. You can also file a DV case asking for maintenance &  seperate accomodation,

6. However, if you think that there is no point in keeping matrimonial relationship with such type of husband, tyen you can talk to him amicably & go for mutual consent divorce after one year of completion of your marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Talking to some one late at night is not a ground to impeach the character of the spouse. Hence, he cannot get divorce on this ground. We are not living in the pre-independence era. At a time when there exists parity between men and women in terms of job opportunities, talking past midnight cannot be a ground for ascribing infidelity to a married female.

2. Unless and until your husband is able to produce unimpeachable proof of infidelity he cannot succeed in obtaining divorce.

3. Notwithstanding the falsity of his allegations if you do not wish to continue the marriage then you and your husband can jointly file for mutual divorce.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0