Divorce filed by husband but I don't want to give divorce to him

711 votes

What are the grounds on which he is seeking divorce? Has he alleged cruelty against you? Unless he alleges cruelty in marital relationship and proves the same, the court will not grant divorce; whether the allegations made by him constitute justifiable grounds for granting divorce is a question of facts and circumstances, and judgment of the court.

Anyhow, you will get opportunities during the proceedings to demonstrate your innocence as well your good intentions for the continuation of the marital relationship. All that is needed is not to do anything to sour the things further by initiating counter proceedings against him.

Advocate P Venu LawRato

733 votes

You have two options.
1. Contest the divorce case with the help of a good lawyer.
2. File a petition for Restitution of Conjugal Rights.A decree of restitution of conjugal rights implies that the guilty party is ordered to live with the aggrieved party. Restitution of conjugal rights is the only remedy which could be used by the deserted spouse against the other. A husband or wife can file a petition for restoration of their rights to cohabit with the other spouse. But the execution of the decree of restitution of conjugal rights is very difficult. The court though is competent to pass a decree of restitution of conjugal rights, but it is powerless to have its specific performance by any law. The non-compliance of the issued decree results to constructive destruction on the part of the erring spouse. At present as per the provisions available under the Indian personal laws, the aggrieved party move a petition for a decree of divorce after one year from the date of the passing of the decree and the competent court can pass a decree of divorce in favour of the aggrieved party. The decree of restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court. But under no circumstances the court can force the erring spouse to consummate marriage. Decree of restitution of conjugal rights could be passed in case of valid marriages only.

You can use the mediation and counselling during the course of your case. And try for amicable settlement with your close relatives.

Advocate Ajay NS LawRato

559 votes

Definitely you can... File a petition before the Hon"ble Family Court for the maintenance.. So that you will get a chance for the reunion. There will be a counseling on the appearance of both the petitioner and respondent.It is mandatory. So find an advocate and go ahead....All the best

Advocate Sindu R Kurup LawRato

75 votes

You can still get RCR if you do not want to divorce. Just file a simple court petition under section nine of HMA. Section 9 of the Hindu Marriage Act of 1955 (HMA), provides for restitution conjugal rights.

Advocate Chikirsha Mohanty LawRato