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Divorce filed by husband On the basis of false mental cruelty
23-Jul-2023 (In Divorce Law)
I got married in 2013 july ,everything was fine but my in laws used to ask for dowry just after 4-5 days ,then I went to Hyderabad to my husband and stayed with him for 12-15 days ,then I had a seizure ,was internally tensed after that my husband left me to my parents in delhi and told me to focus on my career and work and didn't came to take me back ,he kept on saying this the age for work so consider work as priority ,I kept on doing as he said ,and he went To US california without telling me and I got to know that in 2015. He didnt call me but in 2016 when I mailed him he talked very nicely that one day we will be together and I should focus on work meanwhile in these years his father came thrice to my home but didn't gave his phone and address . In 2017 Jan he suddenly filed Sec-9 Rcr ,and when I read he said I had done mental cruelty on him ,I was in total shock but said YES on sec-9 and mailed him that he should get my visa done. How to counter reply.
Madam,
There are many options for wife specially in family disputes although the husband has some limited options. Your matrimonial history does not show your intention whether you are interested to get divorce from your husband or to continue your matrimonial life. In both the circumstances the strategy to handle the situation should certainly be different. If you think to join your matrimonial home then it will be better to give option for mediation before the Court and matter will be refereed to mediation center where, i hope, your matter will be settled amicably with the intervention of the mediator. if not so, then you may also opt for implicating your husband and his family members in criminal cases, as to pressure may be exerted upon them. A line is written in your quires, some how the same is not in your favour. "I was in total shock but said YES on sec-9" Still this line is vague for me.
Regards
Advocate
Delhi High Court.
There are many options for wife specially in family disputes although the husband has some limited options. Your matrimonial history does not show your intention whether you are interested to get divorce from your husband or to continue your matrimonial life. In both the circumstances the strategy to handle the situation should certainly be different. If you think to join your matrimonial home then it will be better to give option for mediation before the Court and matter will be refereed to mediation center where, i hope, your matter will be settled amicably with the intervention of the mediator. if not so, then you may also opt for implicating your husband and his family members in criminal cases, as to pressure may be exerted upon them. A line is written in your quires, some how the same is not in your favour. "I was in total shock but said YES on sec-9" Still this line is vague for me.
Regards
Advocate
Delhi High Court.
Helpful?
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Adv. Ajay Kumar
Delhi | 25+ Answers
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Restitution of conjugal rights is filed when one party feels that s/he has been abandoned by their spouse without any reasonable cause. In this particular case, it seems that both the parties intend to cohabit (as is it your husband who has filed RCR) but have not been able to due to some issue. Kindly get in touch with the exact details to know the options for the way forward.
Helpful?
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Adv. Mishika Singh
Delhi | 100+ Answers
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If your husband has filed RCR against you and has intentionally and deliberately went abroad and then availed section 9 remedy then it is but obvious that his intention is not to be with you therefore even if you live with him you would be ill treated ,Therefore you have all the remedies available with you,Firstly you can seek a divorce on the basis of desertion and the onus would lie on him that his USA visit was un -intentional ,Besides that you can file a complaint against relevant provisions of domestic violence,you can also seek maintenance therefore choice is yours please contact for further details thanking you.
Helpful?
10+
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Adv. Nishant Solanki
Delhi | 200+ Answers
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