Husband filed divorce case what can I do

Am hindu, i filed 498a against my husband,so now he send me divorce notice to my parents house,but am residing at my husbands house,as my parents didnt received court papers because am not leaving there,they gave my actual address, because of all this i might be missing some hearings,what should i do? the allegations made by him are completely false,i dont want give him divorce, he just want to escape from marriage,thats why he is not staying in his house with me,am staying alone there, so what should i do?please help me

Answers (4)

346 votes


You can file a petition for "Restitution of Conjugal rights" which means that you pray to the court that you do not wish to divorce from the Husband, and you wish to stay with him and have a conjugal relationship.

Of course the obvious question is, S.498 is a penal provision and it is instituted so as to penalise a person. Hence on one hand you say i want to punish my husband and on the other you say i want to continue with him?! Seems contradictory. The punishment for 498A is an imprisonment upto 3 years, wont your restitution become infructuous in that case.

For more information you may visit my Bombay or Pune office.

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197 votes

u have contested the divorce case. what about ur say of divorce case.
mediator report must necessary.
u have file a counter case against ur husband for restitution and maintenance.
whats ground of ur husband in this divorce case?

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242 votes

Given the circumstances, you immediately hire an Advocate who will help you in ground level. Your husband may get exparte order of divorce against you. As far as allegations are concerned the same can be dealt with in reply.

196 votes

Dear client if notice is send by court then u have to appear in the court and have to put yr side before court by denying his all allegations. Appear in divorce matter and contest the same. I can also file domestic violence case against husband. For any legal help call me

Adv prasad patil


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