Husband sent me a divorce notice
hi sir, i got married in 2011. now i have 1 year old female baby. after my marriage,my husband moved with me in good terms.but, my mother in law always found some mistakes in me without any reasons.she has separated from her husband for 30 years. i thought, she behaved due to insecurity and over possessiveness on my husband. my parents fulfilled her dowry demands in our marriage. but,she dissatisfied still. after my baby delivery, she expected money because of the female baby. my parents rejected her demand due to their financial crisis.so, she ignored me and my baby. 7 months before, one quarrel raised between her and my parents.my husband agreed her words n ignored us... afterthat, my husband sent me a divorce notice. i dont want to give him a divorce. i want to live with him with my baby.so, i filed a restitution of Conjugal rights, but, in mediation my husband totally ignored me n he is strong in divorce. what i have to do now sir?
Asked 3 years ago in Family Law from Bangalore, Karnataka
i have filed a restitution of Conjugal rights and maintenance for me n my baby. but, my husband is not willing in both cases.. he is strong in divorce. i m trying to convince him in many ways. but, i couldnot... i m living with my baby alone in our home.i m jobless now,so i could not pay the rent to my house. my landlord forced me to vacate the house.my parents staying with my brother. i couldnot go to my brother's home. because my sister in law never allow me to stay long time.she considers me n my baby as a guest only..in this problem, my innocent baby suffers more.. i dont know what i have to do next sir...
Asked 3 years ago
Contest the divorce. You have every right to stay in your matrimonial home and if this is not possible for your husband he should provide you with alternative accommodation. You & your daughter are also entitled to maintenance. Reply strongly to each and every point raised in the divorce notice through your lawyer.
thanks for your immediate reply sir. i have one doubt sir. Can my husband get divorce without my wish. ? he is s software engineer n he is good financial background.. in mediation, he blamed about my character very badly..till now, i m truthful to him..but, i didn't expect these kind of false allegations from him..he challenged me that he will get divorce soon... can he get without my wish sir?
Asked 3 years ago
Without your wish it would be difficult for your husband to get divorce in contested case and if you, do not agree for mutual consent divorce , he may go for contested divorce and it would be difficult for him to get divorce because your husband has to prove the allegation levelled against you.
1) file Dv case against him . claim right to stay in matrimonial home and also maintenance from your husband .
2) file 498A case against your husband and mother in law for dowry harrassment
3)refuse to give your husband divorce .
4) contested divorce proceedings take years to be disposed of
it is not easy to get a contested divorce
Advocate, New Delhi
thanks for your appreciation