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Husband wants divorce but I want a reconciliation and go back to him
22-Apr-2023 (In Divorce Law)
I am a sikh. Got married 2 years and 5 months back, living separately from my husband from past 9 months. I filed a complaint in women cell against my husband, mother in law, husband's aunt and uncle (maasi and maasad ji) for their excessive interference in our marriage and trying to influence my husband against me and my parents. Since day 1 i wanted a reconciliation. However, no one at women cell is trying to pressurize them for this. Husband wants divorce and is very adamant about that. Mediator in women cell has given up just after 1 mediation stating that he is very adamant and wont change his decision. And asked me to file FIR. I dont want to do that. Do I have any other way of settling this and going back to my husband's house leagally, without filing any other complaint? Is there any legal provision which can support a wife for this. I dont have a baby right now and we both are working. Would like to know what rights do I have? all my belongings are with them.
You can file a petition for domestic violence seeking residence order in the shared household in which way you can get access to your matrimonial home. In the same petition you can also ask for your stridhan and belongings as well.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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What are the evidence for divorce?
Adultery: Evidence includes credit card receipts, photos, emails, texts and phone calls. Abuse: Evidence can include hospital records, police records, witness statements, and written documentation.
What evidence is collected in a divorce?
In a divorce case, almost any type of evidence can be used. This includes testimonies and documents. It also includes photos, videos, digital proof, and other types. Document as much information as you can during your divorce.
What are the stages of a divorce case?
STAGE 1 - FORMULATION AND FILING OF PETITION The petition should be filed with court fees in the family court. ...
STAGE 3 REACTION OF THE SUMMONS FROM THE PARTY SUMMONED. ...
STAGE 4 TRAIN AT THE COURT. ...
STAGE 5 ARGUMENTS OF ADVOCATES ...
STAGE 6: FINAL ORDER
What happens in evidence stage in divorce case?
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You can attach the evidence to the petition before the evidence stage or when you file the petition in order to have the case accepted along with the Affidavit of Support. You need to provide a Certificate for Digital Evidences.
In case you want to reconciliation than don't file FIR and it's a better option to opt and file a case of RCR(restitution of conjugnal rights) against your husband. And never opt to say to live separately with your husband. In such a case he can plea with grounds over that. As SC has directed to treat the ground for living separately as ground of harassment against husband and can grant divorce. When a girl opt to file RCR than to get desperated is not ever easy for a husband.
Best of luck. Other cases of harassment, maintenance can be filed later also with many grounds. But now file RCR.
Best of luck. Other cases of harassment, maintenance can be filed later also with many grounds. But now file RCR.
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Adv. Salil Tripathi
Delhi | 100+ Answers
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Restitution of Conjugal Rights - (Right to stay together)
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.
However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.
The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.
However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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