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Grounds to challenge contested divorce


02-Feb-2023 (In Divorce Law)
My husband throw me out from his home and file divorce on cruelty base. I filed fir on him and and on inlaws...But I don't want divorce...shall I get matrimonial home and maintenance Bec I m working but my full salary goes in home loan which I bought before marriage on my name. And if I don't want divorce than can i stop Divorce?
Answers (3)

Answer #1
591 votes
Madam you can file application under section 125 of crpc for maintance and you need to illuminate your situation before the magistrate and he will definitely consider if he find any merit in such.
Further if your husband want to contest divorce, he need to give reasons grounds which laid in section 13 of Hindu Marriage Act (if you are Hindu then only applicable) regarding the same, if he wont able to do so then court will consider on its merits.
Court definitely consider your plot of defense too.
If you have any query feel free to ask

LawRato

Answer #2
547 votes
You can get maintenance if your income is very less compared to your husband's income. You can contest the divorce with expert help. That in divorce matters all details are needed. Advise on incomplete facts can be very harmful. If the divorce is filed after your FIR you claim it to be a counterblast.
Answer #3
809 votes
Yes you can stop divorce. If wife is not ready court cannot force divorce unless there is no valid reason like adultery. U are also liable for maintance if you valid documents. Please contact me for further help

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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