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What to do in case your husband wants divorce but you dont


16-Feb-2023 (In Divorce Law)
Dear Sir, I wanted to tell you that my sister who married from past 23 years is under lot of stress. Her husband is well educated but still has made her life worse. She is an house wife and have 2 kids 14years and 20 years old. Her husband since the beginning has nature to always disgrace her and has given threats to kill her as well. He is also getting advise from his lawyer and had sent a mutual divorce agreement twice to her via email. On the other hand my sister love her kids and dont want to get separate because of them. Please advise our further course of action. Regards
Answers (5)

Answer #1
991 votes
If your sister not ready foe mutual divorce rhen her hsuband has to finght the same on merits and then your sister can contest the same abd plead before the court that she doesnt want divorce and she wants to live with him

Answer #2
511 votes
If ur mutual divorce petition not accept by the husband then u have to file contested divorce before the court even though one child is major and has option with whom he wants to spend his whole life.
Answer #3
703 votes
As per the facts of the case it seems that the marriage has already broken down irretrievably and it suggests that it will be really tough to bring the parties together. Firstly You file a complaint against them so as to bring them on equal footing on the settlement table.
Answer #4
634 votes
Mutual divorce only possible when both husband and wife agree for divorce. If your sister doesn't want to take divorce how can he force her for the same. 23 yrs of marriage and 2 children. You have not made clear what ground her husband is mentioned for divorce. If he disgrace her and tortures her. If she doesnt want to stay with him she can file domestic violence case or 498a. Maintaince case also to be filed asking for expenses.
Dear client you have not stated clearly whats your sisters decision. Contact for furthur guidance. Your question is not so clear
Answer #5
773 votes
Generally in your Case divorce can only be granted under two ground S desertion and cruelty.From your statement it's clear that you have two sons and one of them is major.You can continue to leave with your son's and I fail to understand why you want to continue with your husband who is not reasonable.Is Finance a issue?? Is your major son needs financial support which would stop if separated.What ever it may be to file a divorce one has to leave separately for at least for a year.Than Fighting and getting divorce is long cumbersome process and it's not easy to get divorce for a Hindu.
You can file case under Domestic Violence if required to avoid harassment.

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