Can husband force wife for divorce in india ?

Question

Can husband force wife for divorce in india ?

17-Jul-2024 (In Divorce Law)

Im Hindu.. i have been married from 2yrs.my husband asked me to give Mutual Divorce. But I didn't agree. He is having external affairs. when I came to know I talked with my in laws. they didn't sort it out. instead they are supporting their son. then I came to my parents house. after one month I Said to my husband ..Leave external affairs.. We can lead good life.. But he didn't agree ..He forced me to give Mutual.. I opposed for mutual.. Then he said give me some time ..But after 6 Months he send me Divorce notice in that he put all false alligations saying my wife is having external affairs. She is not taking care of my parents.. She is trying to suicide writing death note in my parents names.. And also he mentioned in that she may put false dowry case on my family members.. After getting divorce notice I failed FIR under dv act.. I'm not ready to give divorce. can my husband force me to divorce ?,If I give mutual I'm a get any maintenance or composition or share from his property.. Since I'm working in govt job. bec he is earning mor

Answers (4)

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Comments by Users

pooja
my husband has e filing case on me and he has not closed the case and beside that he want mutual divorce what are processor

Adv. Bharat Narasgouda Adv. Bharat Narasgouda

Belgaum | 25+ Answers

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Advocate Sadanand Naik LawRato · Accepted Answer · 2024-07-17T18:34:45+05:30

Answer #2

If you do not agree for mutual consent divorce, you can oppose the same and contest the case if your husband files a divorce case. Your husband needs to show proper grounds for getting divorce decree from the court.

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Adv. Sadanand Naik Adv. Sadanand Naik

Bangalore / Bengaluru | 200+ Answers

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Advocate Naman Saraswat LawRato · Accepted Answer · 2024-07-17T18:34:45+05:30

Answer #3

Hi, the court would not entertain any divorce petition on the face of it. Upon filing of the petition the court would refer the matter to mediation where the parties would be allowed to discuss and reach an amicable settlement. You can mention the maintenance amount which you feel is required to meet you necessities at the time of mediation. Further if your husband further proceeds with the divorce matter you may file your reply and seek for maintenance. However generally maintenance is given to meet the needs of the women who does not have any source of income. However since you have a job you would have to substantiate your claim of seeking maintenance.

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Adv. Naman Saraswat Adv. Naman Saraswat

Bangalore / Bengaluru | 25+ Answers

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Advocate Nagendra Prasad LawRato · Accepted Answer · 2024-07-17T18:34:45+05:30

Answer #4

Hi Any how he has issued notice, u can contest & prove what its all false. See that it is all false & get it dismissed. Mean while u can engage a defective & collect his details of his external affairs.

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Adv. Nagendra Prasad Adv. Nagendra Prasad

Bangalore / Bengaluru | 50+ Answers

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