• Husband seeking divorce

Hello sir
Iam swapna.
My husband seeking divorce from he...we had a dicusion about studies of childern...he dont want children to study in city.as my mother stays in city i thougt to keep my childern with her..
And i can stay with him..for that reason he want to take divorce.i have two girl child ages 6 and 3.im dependant.he is not giving me money for maintaince...my mother in law having property in her name...i dnt want to take divorce...he is forcing and nt wlling to stay with me..he left me and wenr to bsck to my in laws home...please help me sir what should i do..
Asked 6 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) file petition for restitution of conjugal rights against husband and seek maintenance for your self and children 

2) also file DV case and seek right to stay in matrimonial home , maintenance , custody of children 

3) refuse to agree for divorce 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. He cannot force you to apply for dissolution of marriage through mutual consent. If you do not want this then let him apply for it on his own accord which you can contest in defence.

2. He is bound to maintain you and his children. You can file a case for maintenance for yourself and kids and also seek a residence order in domestic violence proceedings in the court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
If you do not want divorce then do not give consent for mutual divorce.
Since you have no source of income both you and your children are entitled to maintenance for which you have to file case of maintenance under  PWDV Act.
The amount of maintenance varies between 1/3 to 1/5th income of husband.
If you wish you cna try to stay in matrimonial home as well.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, Without your consent he will not get divorce. If he want to get divorce he has to file a petition for divorce on the ground of cruelty and if he able to prove the cruelty then only he will entitled for divorce and in your case it is difficult to prove the cruelty.

2. It is the duty of the husband to maintain his wife and children so he has to pay the maintenance to you and your children.

3. You have to file petition under section 125 of the Code of Criminal Procedure code for maintenance to your and your children.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
You have all rights to go back to your matrimonial home and resume your married life with him.
He cannot refuse to accept you because you are still his legally wedded wife.
If he is torturing more, then you may file a maintenance case under section 125 cr.p.c seeking maintenance  for yourself and your children.
You can file domestic violence case and seek residential rights and maintenance.
You may file a RCR petition for rejoining him
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1) you have to convince your husband regarding children education in Hyderabad 

2) try to involve the elders in family to arrive at an amicable settlement 

3) husband is bound to maintain you and children 

4) file DV case and seek maintenance for  your self and children 

Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
This is a complex situation which need to be sorted out by elders intervention only.  Both of you cannot adamantly stick to your own ideas about your children education facilities. He may be convinced about your children proper educational facility at Hyderabad than in your native, if he is still adamant why dont you a try temporarily at his place for one year and then you make a decision to shift your children to Hyderabad in order to avoid the permanent break up. 
Both the situations are important to you, i.e., your marital life as well as your children education.
The benefits to be with your husband  are that you can save the marriage, you can have a secured life with all the maintenance and expenses being taken care by him including your children education expenses, your stridhan properties can be retrieved and secured properly under your custody, other matrimonial benefits including conjugal relationship. 
The ball is in your court now to decide and secure your future and married life. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
If you want to reside in your matrimonial home without suffering any further act of domestic violence then file a case under DV Act in the court to seek right to residence and also protection order. If your husband thereafter subjects you to a single act of domestic violence he can be jailed on your solitary statement. You can also seek maintenance for yourself and your children from your husband.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, It is better once you visit the marriage counselor, counselling will help you to  settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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