How to not give divorce to husband ?

682 votes

The stage of previous petition is important. If it closed then no problem. The wife can file divorce for cruelty. Maintenance case can also be filed.The person is not necessary to discuss the same before the judge.

Advocate Murali Krishnan Sanjeevi LawRato

981 votes

Hello,

You may file restitution of conjugal rights and also you may file maintenance petition against your husband. You may try contest rather than giving divorce. For more clarification contact a lawyer

Advocate B. Sivasubramanian LawRato

642 votes

Difficult for him to reconcile.
If you are inclined to live with him, you should have been chaste.
Now, if he applies for five, he may be granted divorce based on adultery.














Therefore, it will be difficult.

Advocate Rajaganapathy LawRato

592 votes

Kindly feed me your fact fully. As far as fact you presented above I've few queries..
1. Currently, are you living with your husband? Or separately?
2. If you live separately, you can file petition for restitution of conjugal right(a petition for live together). Even he file a divorce petition, we could file this petition.

Advocate K S Rajeshkumar LawRato

781 votes

You need not agree for mutual consent for divorce when you desperately want to live with your husband.

Convince your husband or else face the case filed against you. In the Court itself you both will get opportunity of counseling.

Advocate Santhana Lakshmi LawRato

592 votes

Divorce under the Hindu Marriage Act, 1955, can be only obtained on the grounds of cruelty, adultery, desertion for two years, unsoundness of mind, conversion to other religion, suffering from venereal disease or leprosy, renouncing the world, absconding or not heard for seven years, no restitution of conjugal rights for one year after the decree for restitution of conjugal rights, husband guilty of rape, sodomy or bestiality. Section 10 of the Hindu Marriage Act, 1955 provides for judicial separation, section 13 lays down the grounds on which a petition for divorce, by either the husband or the wife can be filed. Under sub-sections 13 (1) (i) to (vii), the above grounds are provided under the said enactment. However, Sub-section (iv) of 13 and Sub-section (v) of section 13 provides that if the other party is suffering from a virulent and incurable form of leprosy; or has been suffering from venereal disease in a communicable form; then a ground for divorce is made out. But Section 13 does not provide that HIV positive is a specific ground for divorce. Therefore, the law as laid down in the said legislation has to be interpreted in a manner which is beneficial to both the parties, by various judicial pronouncements, but at present that Act only provides the above mentioned specific grounds for divorce. Therefore, if you love each other, you may opt for going in for a judicial separation under section 10 of the Hindu Marriage Act, 1955. so that you may not give divorce to your husband.

Advocate Mahesh Singh LawRato

749 votes

You cannot do anything in that because your husband has the right to divorce. You are suffering from a venereal disease which is a ground of divorce and court also allows such divorce. At most you can seek for maintenance or alimony from husband's assets but cannot stop him from seeking divorce.

Advocate Sanjucta Kabasi LawRato

878 votes

It is a main ground to get divorce.It comes under the ground of venereal diseases.

Venereal Disease means If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases. SO , if you dont want to get divorce, talk to your spouse supportingly. Thank you!!!

Advocate Sameer Sharma LawRato

758 votes

Hi, from your query it is not clear that your husband has filed a divorce case or not? If he has filed, the on what grounds. You need to defend the case strongly if filed and prove the falsity of allegations against you.

Advocate Ganesh Singh LawRato