• My husband wants divorce, I don't

I am married since last 5 yrs with no kids. My husband left our rented appartment(agreement is under his name) 5 months back after our fight and now says he wants a divorce. He is asking for my consent to file mutually. I don't want a divorce and want to work out our marriage. I am continuing to pursue him everday to come back and workout our marriage. He continues to pay appartment's rent however does not pay me money for daily expenses and I have to ask my parents for help.He has a property in other city (native) where his mother and other PG girls stay. He wants to vacate this rented apartment and wants me to stay in my college hostel, and move in with his mother back to native. I am a student and don't have an income of my own. He has voice recordings of our meetings after separation that he had done without my knowledge, that may have some of my confessions of my past acts. He may also have recorded my phone calls when I had threatened him in feat of anger. I want to mend my ways and work out my marriage. I am also seeking help from a homeopathic counsellor for my anger issues. Whereas he is not ready to see a marriage or psychiatric counsellor despite suffering from bipolar disorder. What are my legal options? Should I leave the house? Or continue to stay here? How should I safeguard myself from a refraining order filed him in future? Can he file a refraining order against me before filing a divorce? Do I have sufficient grounds of contesting against divorce? Does he have sufficient grounds for contesting divorce? What are the chances of divorce being granted to him? Can I make him pay for my daily expenses? Should I take a legal action first like RCR or wait till he takes a legal action? Does him suffering from bipolar disorder has any legal angel for my defense? What can I do to have him back with me regardless it is here in this city or our native in his property with my mother in law? I don't have any problem now in staying with my mother in law, however I previously was asking him to separate mother in law from his property due to her nusiance, so we can move back there. Can he use my previous demand of this as a cause of divorce now?
Asked 4 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. If he is the tenant of the apartment then he can vacate it in accordance with the lease deed, whereupon the lessor can evict you in accordance with law. You will cease to have any right to reside in the leased property after the termination of lease.

2. You can file a DV case to seek right to residence in the property of your husband. This apart, you may also seek alternate accommodation at his expenditure.

3. A case for maintenance can also be filed by you against him as he is bound to support his wife who is not self sufficient.

4, As and when he applies for dissolution of marriage you may contest his petition. Needless to add, unless he proves all his allegations in the court he wont succeed. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) contested divorce cases take 5 years to be disposed of 

2) if your husband files for divorce you can contest the case 

3) you can file petition for restitution of conjugal rights under section 9 of HMA 

4) you can also seek maintenance from your husband in RCR or divorce case 

5) you should refuse to vacate the rented house . 

6) you can file DV case and seek alternative accommodation from husband 

7)you can send email to him that you have no problems  staying together with your MIL in native place
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. General wear and tear is part of marriage and sporadic quarrel irrespective of the issue is not damaging.
2. Do note that applying for divorce may be a legal right but getting is not.He will have to prove his allegations and the same would be considered only of those are instances of cruelty.
3. Do not leave the matrimonial home unless they forcefully evict you which gives rise to further cause of action making you entitled to various legal actions including maintenance under pwdv aCT.
4. Do note that you can apply for maintenance even staying under the same roof with your husband.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Querist
My opinion on your queries are as under:

What are my legal options?
Opinion: you have many legal option to take action against him, first of all file a domestic violence case against him before magistrate court under section 12 of Protection of women from Domestic violence Act-2005 and claim protection, right to residnec, maintenance and compensation as per section 18,19,20 & 22 of the act-2005.

Secondly, file a Matrimonial Case U/s 9 of Hindu marriage Act-1955 for Restitution of Conjugal Right before family court.

thirdly, you may file a maintenance petition U/s 125 of Cr.P.C for claiming maintenance from him and he is duty bound to pay maintenance to you as you are his legally wedded wife who is unable to maintain herself.


 Should I leave the house?
Opinion: No, immediately file d.v. case and get restrain order.

 Or continue to stay here?
Opinion: Continue to stay.

 How should I safeguard myself from a refraining order filed him in future?

Opinion: D.V. Case is best option.

 Can he file a refraining order against me before filing a divorce? 

Opinion: No, he can not get any restraining order from the court until and unless the situation is otherwise.

Do I have sufficient grounds of contesting against divorce?
Opinion: It may be, but it will be decide after seeing the facts of the divorce petition filed by him before court.

 Does he have sufficient grounds for contesting divorce?
Opinion: if there is any thing in the evidence/recording which come under the cruelty then yes, he has sufficient ground, but without hearing you the divorce can not be granted to him.

 What are the chances of divorce being granted to him?
Opinion: Its depend on the petition and allegations, if he proved the allegations then it may be possible that he get the divorce but the court will give you chance to fight the case.

 Can I make him pay for my daily expenses?
Opinion: Yes, Maintenance is your legal & social right and he is duty bound to pay you the maintenance.

 Should I take a legal action first like RCR or wait till he takes a legal  action? 
Opinion: Immediately file the case like RCR and D.V. it will help you to get sympathy of the court.

Does him suffering from bipolar disorder has any legal angel for my defense?
Opinion: yes, it may be.

 What can I do to have him back with me regardless it is here in this city or our native in his property with my mother in law?
Opinion: legally, only RCR is option, otherwise try to settled the matter amicably with him with the help of relatives and friends.

 I don't have any problem now in staying with my mother in law, however I previously was asking him to separate mother in law from his property due to her nusiance, so we can move back there. Can he use my previous demand of this as a cause of divorce now?
Opinion: yes, it may be possible, because it is also cruelty and based on the cruelty he may file a divorce case against you U/s 13(1)(ia) of Hindu Marriage Act-1955.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
The so called 'refraining order' is an unheard term in Indian laws.  

They are available in foreign countries but not in India.

Here the wife is protected with residential rights in her matrimonial home.

If you do not want to give consent for divorce, then dont give, he cannot force you to do it. 

If you are unemployed and fully depended on him for all your expenses, you can very well claim maintenance from him orally or through legal cases.


The other issues what you have written are trivial in nature and when confronted through court, you may challenge the same based on the authenticity when he deposes his evidence before trial court.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1) I had already advised you to file RCR since you want to save your marriage 

2) in case husband files for divorce both cases will be clubbed together 


3) filing RCR does show your intention to save your marriage 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
You can file RCR but you may wait for him to initiate the process so that you can have an advantage over him.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Yes, it will be better to get sympathy of the court
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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