• How can I save my marriage from divorce

Im married for 1.5yrs.but now our relationship is on the verge of divorce.my husband was determine to divorce me where as I want to save the marriage.i dont want the divorce.can I save my marriage before court?.
After marriage , our relationship has always been interfeared by my in-laws, this led to dispute between me and my husband.always try to create misunderstanig between us. My husband get convinced whatever my in-laws says. He even started telling lies n bad things at my back.my in-laws fored my leave my job for household work.but she use torchure me so much.when I used to say this to my husband he always supported my in-law n finds faults of mine. She is not allowing me leave peacefully with my husband. She cant tolerate if my husband spend time with me..she either listen from the side of the door or stats commenting on every matter.dur to this huge interference n dispute I have to leave the house.now im in my house.my husband asked for divorce. He said he will not give my jewellery n other thing until leagal procedure.he had never taken any responsibile of mine.i had to buy my medicine, cloths , n other requred things of mine. I used fulfil his n other family requirements. I hardly get to eat properly.i use take his parents to doctor, bring reports n medicine.he never used to visit my parents when they are not well.not even call them..because my mother in law has asked not to do that.she never allows him to visit my house with me.
but somewhere I still live my husband n dont want this divorce.please help me out.
Asked 1 year ago in Family Law from west bangal, West Bengal
Religion: Hindu
If you want to save the marriage, then thing how to solve  the matters amicably and have to good conversation with husband. The lack of conversation,love and affections, sudden hot tempered behaviors,misunderstandings make the life is undesirable one.   A wife can change the attitudes of husband, in laws and relative if she has quality of good  patients,love and good manners of behavior. 

In  legally 
petition for Restitution of conjugal right is the legal remedy for present situation - saving marriage.
For getting ornaments and money you can file the application before family court
For maintaining yourself ,you can file petition for getting maintenance from husband 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hello,
1) Despite all the atrocities that you are going through and your husband not being on your side why do you want to save this marriage?

2) Of you want to save the marriage you have to go back to your matrimonial home. You will have to win over your husband and the in laws. There are two ways of doing this. The first is the peaceful way. Counter all their assault with kindness and love and disregard the torture.
The second way is to take them head on legally. File a case under provisions of Domestic Violence.. The second method may antagonize them against you and may lead to divorce.

3) Your husband has no right over your jewellery or any other things you brought along at the time of marriage to the matrimonial home.

4) If you don't wish to go ahead with divorce and if you're husband proceeds to file it all by himself you can defend it and deny him divorce.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
1) there is no future in your relationship 

2) your mother in law is very dominating and husband refuses to listen to you 

3) when your husband refuse to bear  responsibilities of the house and you have to bear all expenses it makes no sense in staying with such a husband 

4) your best option is to gin for divorce by mutual consent 

5) if you don't want divorce contest the divorce proceedings . It will take your husband 5 years to get a divorce 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
This is another case of matrimonial disputes due to trivial issues where either party is not able to adjust with each other.  However there is no wrong in your expectations and demands though this may not warrant for such a big event called divorce etc. 
Even now the time is available for reconciliation and saving the  sacred institution of your marriage. 
If you are not willing to give him divorce you can challenge his case and contest it properly.  If he files a divorce case, you can file your counter in it seeking restitution of conjugal rights as a counter claim in the same case.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
IN your case your husband seems to be having a deaf ear towards you. It is suggested to r think whether this marriage / relationship is worth putting the effort. IF you are able to figure out the root cause, which seems to be your parents in law here. 

a. write a mail to your husband saying you want to keep this relationship and want to stay with him peacefully. Bring all issues on the mail - things which you think your husband too doesn't know (talks of your mother in laws with you) 
wait for him to reply . If he does not reply . you will get your answer........as in you will understand that this man is not worth investing your life and time with.

b. once you don't get the mail reply. WITHOUT delay file a police complaint / 498a and Domestic violence complaint at the police station near your house. Name your parents in law and your husband

c. file for maintenance under section 125 and also ask for return of Streedhan.  
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
1. For living peacefully with your husband it is required that yiur husband also agrees to live with you which he does not want now,

2. Talk to him directly and try to settle the mater amicably,

3. Both of you should identify individual defects and try to rectify the same,

4. You can contest the divorce case fittingly if filed by him,

5. If you decide finally that enough is enough then you can file a DV case, 498A complaint, maintenance case if you are not earning) and also divorce sae against yiur husband and/or his family members.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) court will only grant divorce if your husband proves  his allegations of mental cruelty 

2) if you are working you may not get maintenance . It all depends upon your income and how much is your husband earning 

3) for mutual consent divorce it takes 6 months . The cooling period is 6 months 

4) after divorce both can remarry 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. If your husband files for divorce you will be given an opportunity by the court to contest it. He cannot obtain divorce unless he is able to prove your cruelty in the court. Contest his case fittingly if you do not want divorce. The court may also order mediation to save the marital tie.

2. Before or after divorce you can claim maintenance if your salary is insufficient for you to maintain yourself.

3. Mutual divorce should take 6 months including the cooling off period.

Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
a. No the court can not force you to give him divorce until you prove your point or he falsely obtains a divorce decree (in many cases the lawyers are able to obtain an ex parte decree - so you need to keep a watch)

b. Yes you will get maintenance - legally you are eligible of maintenance upto the amount by which  you can afford  similar standard of  living like your husband do. Do open the fact that you are employed and get X salary which is not enough to maintain yourself. 

c. Mutual divorce takes a minimum of 6 months to 14 months, as it is filed in stages (a. filing of application b. 6 months date given by court c. re filing of application d. grant of divorce )

d. Legally if you have a divorce degree you can marry again. Any marriage without obtaining Divorce decree from the first marriage is void. 

Yes the girls does go through a lot of social stigma, but his is the time when you need to work on your emotions and get out of such a relationship where you have given your best and your man does not stand by your due to his own whims and fancies. This is the time when you need to think wide for your career and plan for your stronger future. Best of Luck .
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
A. Your husband will file Divorce Petition on the ground of cruelty ( or on any other ground acceptable by Law). You will be given opportunity to contest the case filed by your husband by submitting our version before the Court. The Court will hear both of you and after that it will pass Judgement. If it is proved that your husband deserves Divorce from yu because of your cruel behaviour on him then decree of divorce will be granted by the Court. If it is proved that there is no valid ground for his seeking divorce, then the Court will reject his divorce petition. So, decree of divorce does not depend on whether some one wants it or other side does not want it,

B. You can claim compensation or alimony if your earning is not enough to maintain yourself,

C. Mutual Divorce Divorce petition is jointly signed by both the parties and filed before the District Court.  2nd motion or final hearing takes place after 6 months of filing which is called cooling period,

D. Your husband can level false allegation on you to seek divorce but the Court will hear you. If the Court is convinced that the allegations levelled against you are false, the Divorce petition filed by him will be rejected.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
A. Will court grant a divorce if my husband agrees  n i dont?
the court will not decide just on the basis of a pleading made by one party, it will analyse issues on both the sides and will hear the arguments of both.  After proper application of mind the court may decide the case on the merits, so it is always advisable that you should strongly challenge the allegations made therein. 



B. If divorce happen can i clain for maintain or alimony.after speration I took a job of minimum salary?
It again depends on how you justify and convince the court with your alimony claim.


c. How much time for mutual divorce??.will any cooling period given by court?..
For mutual consent divorce the cooling period is six months.



d. A man can marry whenever he wish to n divorce someone whenever he wish to..in our socity a boy doesnt face such  problems which a girl face.he can put some lies n wrong aligation n claim for divorce against a girl.
It is your wrong notion, it is not so easy for a boy to do so as per is desire, the law is not blind, even the girl can protest, challenge and go against the boy for all such activities.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Hi, without your consent your husband is unable to take divorce because your consent is very much important.

2. For mutual consent divorce you have to wait at least 6 months i.e coiling period after that only you will able to get divorce.

3. It is the duty of the husband to maintain his wife and children so your husband has to pay the maintenance to you.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A . no 
B.Yes you can  claim 
C less than 8 month 
D Fate made different roles in life ,For getting a  good and suitable wife or husband is like to get a lottery.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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