LawRato

Regarding divorce matter


17-Jun-2023 (In Divorce Law)
I was married for 18 months, during which my husband and his parents have tortured me mentally, physically and harassed me and my parents for additional dowry after which I came out and lived with my parents. Later filed 498 and divorce petition under cruelty and dowry harassment. They have got stay order from high court for 498 and ever since it never moved. After 4 years of battle unfortunately I lost the divorce case failing to prove their cruelty as I did not have any evidence such as doctor certificate to prove physical bruises etc (thats what the Judge has said) or any proofs to prove his cruelty. He has filed RCR also, now that divorce is not granted I assume he won RCR (divorce case and RCR were eventually clubbed in between in these 4 years). Judge has ordered to join him within 2 months. Clearly I cannot go through hell with him and want divorce. We dont have children and am not interested in alimony too. He is not agreeing for Mutual Divorce. What are my options?
Answers (1)

Answer #1
899 votes
Even if he has won RCR case, you can still deny to live with him and do not follow court orders. If after order of RCR, parties still remain apart for period of minimum one year from the date of order than divorce can be granted as it is believed that marriage has broken irretrievably and it cannot be saved. It can be said that marriage is found to have been broken down to an extent that it was beyond all rapprochement or reconciliation.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."