• Husband want divorce.

My husband changed job few months back. He left me at my parents because his parents dont own home and live with brother in law in far city. We have mix kinda marrige of 6 yrs.. some times we were happy and sometimes we had some fights. And his parents never liked me because they dnt have any property and my husband has good salary which he uaed to gave them whole before marrige but after one year of marrige he stop doing this so they always brain washed him against me and during this  period when i am at my parents they took advantage and totaly brainwashed him against me and my family. He didnt cm to visit me from few months. He first asked me to give him written assurance which gurantee him that i will not get angry on him or gusse main sucide ki dhamki nai dungi. He also did same things during arguments. But now a days he again changed his mind and asking for divorce . we both are disabled couple so we may have this is last chance of married life. Dont know what to do . i love him lot and trying to convince him to work out this relationship...but because of this far gap of living separate its nt easy to convince him. I am sure if he live with me for some time we will get back in old normal life.. Is their any option by which court can say him to live with me for some time??? this all happened just because of living apart. He is not giving me his current addrress so i cnt go their. And his family trying everything to make sure we dont live together..becaus they afraid if i got pregnant they can not seprate us. Tell me the way to get my husband back ....right now he is in no mode to listen anything about living together..
Asked 13 days ago in Family Law from Delhi, Delhi
Religion: Hindu
1) dont agree for divorce . visit a family counsellor with husband to resolve your  differences 

2) you can file petition under section 9 of HMA for restituion of conjugal rights 

3) however please note that even if you get decree you cannot  force your husband to stay with you 

Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Lack of conversation and hot tempered mood is the villan in your life. Try to settle the matter with common friends or relatives. A counselling is made changes in your life .If the settlement is not work then file a petition for restitution of conjugal rights.Thus you can use the mediation or counselling effectively with the help of court .

Marriage under all matrimonial laws is union imposing upon each of the spouses certain marital duties and gives to each of them certain legal rights. The necessary implication of marriage is that parties will live together. Each spouse is entitled to comfort consortium of the other. So after the solemnisation of the marriage if either of the spouses without reasonable excuse withdraws himself or herself from the society of the other then aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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1. If your husband is not cohabiting with you then you may file a petition for restitution of conjugal rights against him to seek a decree against him to cohabit with you and resume his marital duties. During the subsistence of your marriage you have an indefeasible right to reside in your matrimonial home, a right which you can enforce by filing a complaint case under PWDV Act.

2. If he files for divorce, and you do not want it, then you can fittingly contest his divorce petition on merits in the court. He will have to prove his allegations, it will not be a cakewalk for him.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
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1) your husband will seek to rely upon audio recordings to prove allegations made in divorce petition 

2) you can explain the circumstances under which you made the statement 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
This is a matrimonial disputes . All the wear and tears are not considered as cruelty. As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. 

So getting a divorce is not easy. A recording calls are not much amount to lead a divorce .It is only a secondary evidence which will parallel to other allegations.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Unless the call recordings can prove cruelty on your part they will be of no help to him. So all boils down to the actual conversation recorded by him.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
You can file a case for restitution of conjugal rights owing to his living separately away from you 

An unwilling husband cannot be forced to live with his spouse agaisnt his wishes.  the law can grant you the relief but it cannot force  him to live with you.

Even now you can go and live with him in his residence, you have full rights as his wife to live with him or to enforce your residential rights.

 You can object and refuse his divorce plans.

Any legal action against his parents may jeopardize all the peace process hence better be cautious about t and do not do any such act like filing a false dowry case or DV case against hi ir his parents which would spoil your future and peace process. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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MY husband is recording all calls from last few months because he has already made plan of taking divorce and I was unaware of all this I thought its just small thing on which he is angry. He always saying blaming things and I cant oppose because if I oppose he will not take me with him...so I always admitted all thing dosent mean right or wrong because by this way I am trying to convince him to continue this marriage . His family also recording phones and my family member also calling them to convince them too. I came to know abt recording thing only from last week.. does this way he can convince court that his allegations were right? When we try to bring any couple together its necessary that one party agreed all things so another party can think in positive direction.

The call recordings will be of no use, this cannot be produced before court as evidence hence just relax about it.

He has to establish strong reasons for seeking divorce and mere call recordings will not support his claim for the relief sought.  
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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