Husband wants divorce but wife doesn't please advise.

659 votes

If you keep ignoring the legal proceedings, he will get an ex parte decree of divorce against you. You must contest the legal proceedings and mention to the Court that you do not want a divorce. Moreover, you should file a maintenance petition for seeking maintenance for yourself and your son, if you are no longer living with your husband. DO NOT IGNORE the legal proceedings.

LawRato LawRato

922 votes

I will advice you not to ignore any legal proceedings. Give revert in court room through your lawyer. If will you not take part in legal procedding he will easily get exparty divorce order from court so again you will have to file an application in court to restore your divorce petition so its batter take part in judical procedding. File 125 crpc.

Advocate Manish Kumar Pandey LawRato

720 votes

If your husband wants a divorce and you don't, you have lot of Legal options available for you and for your son. First of all you if you are not living with your husband and you want to live with him you can file Section 9 petition i.e restitution of conjugal rights in which the court can ask your husband to start living with you and take you back. Secondly you can file Section 125 CrPc petition to claim maintenance from your husband for you and your son as he is a minor. Thirdly you should not ignore the legal proceedings initiated against you by your husband and respond to the proceedings accordingly, as you have not mentioned what kind of legal proceedings your husband has initiated against you I cannot comment on it other than saying you should get yourself represented in those proceedings. However, you can also initiate proceedings under the Domestic Violence act, if you have been physically or mentally abused by your in-laws or your husband. You also have option for getting mediation done to resolve this problem.

Advocate Rohit Dhyani LawRato