How can I save my marriage when my husband wants divorce

570 votes

Your situation requires immediate and careful legal action. Since your husband has already filed a divorce petition, you should first obtain the complete petition, case number, court details, and the exact grounds on which divorce has been sought. If you genuinely wish to save the marriage, you can contest the divorce proceedings and place your willingness for reconciliation before the Court. Allegations regarding an alleged relationship with another woman do not by themselves automatically entitle him to a divorce; the legal grounds and supporting evidence must be examined. You should also ensure that you do not sign any divorce or settlement document under pressure. If you are financially dependent on your husband, you may also explore appropriate remedies for interim maintenance and litigation expenses, subject to the facts and applicable law. Most importantly, do not ignore any court notice or proceeding. A proper written statement/reply should be filed within the prescribed time, and your defence should be prepared after examining the divorce petition and available evidence. If you share the divorce petition/order sheet, I can guide you regarding the specific legal defence and the immediate steps that can be taken to protect your matrimonial rights.

Advocate Atanu Patra LawRato

540 votes

According to you, your husband filed a divorce case under Section 23, but under which Act? Do you know this? Where are you living right now—in your matrimonial home or your parental house? Do you have any children? To save your marriage, you can file a petition for RCR (Restitution of Conjugal Rights). To know the details, you should share the information requested above.

Advocate Moumita Sarkar Das LawRato