Contested divorce. How should I proceed legally in this matter.
21-Jul-2023 (In Divorce Law)
hello,I am the wife and my husband and I lived in hyderabad for 14 days then I had seisure got faint then he left me to my parents told me to get healthy in few months then I waited for him to come and take me as In Indian society man comes and takes his wife but he went to America leaving me at my parents home by clever love based ideas saying we both should concentrate on work first and later we will live happily ,now its been 4 years and he wants divorce saying that I wanted to stay away from him deliberately and didn't gave him wife duties and its mental cruelty for him ,,,,although its the opposite , he had filed 9A and I had said yes to go with him but he took back the petition. Now the reality is I am the real suffer in life and how should I file counter reply .Plzzzzzzzzz tell give solid legal suggestion ,I want him to know lie can not win but How to prove myself . I will be highly thankful
I have gone through your post. You have a very good case. Just present your case as it is. The divorce petition filed by your husband must be dismissed after trial. For detailed guidance you may contact me.
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You can too file for restitution of conjugal rights against your husband along with interim maintenance. It is not clear how you shall be contsting in the matter when the petition has already been withdrawn by your husband. I would recommend you to file for maintenance and fresh application of restitution of conjugal rights under HMA Act.
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You should first of all file cases for maintenance. So that you can get some money to contest the case. then you should better file for divorce, if you want to. If not, then you may file a case U/s 9 of HMA, over there he may be directed to take you. Or better you case may be settled before Mediation Cell.
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You are not bound to grant a divorce to your husband so it would be best for you to contest the proceedings till you arrive at a favourable settlement. The fact is that you have given him 4 years of your life waiting in India as a dutiful wife while he has been away. He has now settled down and feels it would be better for him to divorce you now purely out of convenience.
You will need to have a strong reply drafted and further make sure you file for maintenance pendent lite under section 24 of the Hindu Marriage Act.
At this stage, it would be best for you to consult an advocate experienced in such matters to set your strategy on the right course. Please feel free to get in touch if you would require any further assistance.
You will need to have a strong reply drafted and further make sure you file for maintenance pendent lite under section 24 of the Hindu Marriage Act.
At this stage, it would be best for you to consult an advocate experienced in such matters to set your strategy on the right course. Please feel free to get in touch if you would require any further assistance.
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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.
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