Can husband force me to get divorce? Appointed my lawyer forcibly.


Can I be forced to get Divorced by my husband? I got married in an Arya Samaj Mandir last year and my parents took me back home when they came to know if it the same day saying they will get us married through proper ceremonies. Post that I started getting calls from my husband and in laws putting pressure on me to get a Divorce and my husband got a Vakalatnama signed from me forcefully.

 

He has now filed a Divorce case and appointed a lawyer on my behalf also. I don't want a Divorce.

 

Also, I came to know he is marrying again and has got engaged. Please help.

 

Answer

 

You cannot be forced to take a Divorce. First of all its is irrelevant whether you were married with proper ceremonies or not as by filing for divorce your husband has accepted the existence of your marriage.

 

Now coming to your husband getting the vakalatnama signed, you can dispute this by saying that the same was signed under coercion / duress. Your husband had forced you to sign the vakalatnama and hence that vakalatnama shall not be valid. Based on this, his Petition for divorce by mutual consent will be dismissed.

 

However, if he files a fresh petition for divorce under various heads as enumerated in Section 13 of the Hindu Marriage Act and then you shall have to defend the same.

 

We suggest that you can register a complaint against your husband for bigamy as he has already got engaged without being divorced. You can also file a case of Domestic Violence against him in Crime Against Women’s Cell.

 


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