270+ Lawyers are online 
Husband Filed Divorce petition tortured me mentally and sexually
22-Aug-2023 (In Divorce Law)
Me and Husband living separately from one and half year. In 2 Years of marriage he tortured me mentally , physically as well as sexually and one day suddenly with the consent of his family he said i need divorce . Wen i refused his torture started alot day by day then being fed up i commited suicide stil he and his parents showed no concern my parents came to mumbai and i came back . after that i tried to make him and his parents understand but they didn't understand . then i filed a compliant in women cell even there he didnt understand . i filled case of 498/406/506/377 , even after most of tym i tried to make him understand but no result but he talks to me sweetly and shows he is needy of me and now suddenly he sent me divorce summon. i received the summon , can i file case under 9 , does it shows any negative impact that i file 498 case and now sec 9 case after receiving summon. he showed in summon that i do cruelty on him doing late night parties / drink / smoking . advice
Mam, divorce cannot be granted on such baseless and vague grounds mentioned in the petition by your husband .. You should appear before the court on the date mentioned in the summons and contest the petition
Helpful?
20+
20+
Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
CONTACT NOW
If it is proved that your husband committed cruelty and domestic violence, he cannot succeed in his divorce case and court will dismiss his divorce petition.
You must note that the moment you will file the petition under Section 9 of the Hindu Marriage Act, the grounds and allegations taken by you in the criminal case under Section 498-A/406/506/377 IPC will be weakened. The Section 9 of the Hindu Marriage Act provides if the spouse has withdrawn himself/herself from the society, without any reasonable ground, the aggrieved spouse can file a petition for restitution of conjugal rights. On finding the contents of petition to be true, the Court may pass a decree of restitution of conjugal rights. In the petition under Section 9 you have to state that without any reason your husband has withdrawn your society, it will be contradictory to the grounds taken in the criminal case and will raise doubt on the allegations taken in the criminal case. The principal of law is that the benefits of doubt goes to the accused, so he may not be held in guilty and get free from the criminal case.
In stead of filing a petition under Section 9 of Hindu Marriage Act, I will suggest you to contest the divorce petition and prove your case and get his petition dismissed from the court.
Simultaneously, if you are not earning or your earnings are not sufficient for you to lead day to day life, you can file an application/petition for the maintenance against your husband.
You must note that the moment you will file the petition under Section 9 of the Hindu Marriage Act, the grounds and allegations taken by you in the criminal case under Section 498-A/406/506/377 IPC will be weakened. The Section 9 of the Hindu Marriage Act provides if the spouse has withdrawn himself/herself from the society, without any reasonable ground, the aggrieved spouse can file a petition for restitution of conjugal rights. On finding the contents of petition to be true, the Court may pass a decree of restitution of conjugal rights. In the petition under Section 9 you have to state that without any reason your husband has withdrawn your society, it will be contradictory to the grounds taken in the criminal case and will raise doubt on the allegations taken in the criminal case. The principal of law is that the benefits of doubt goes to the accused, so he may not be held in guilty and get free from the criminal case.
In stead of filing a petition under Section 9 of Hindu Marriage Act, I will suggest you to contest the divorce petition and prove your case and get his petition dismissed from the court.
Simultaneously, if you are not earning or your earnings are not sufficient for you to lead day to day life, you can file an application/petition for the maintenance against your husband.
Helpful?
23+
23+
Adv. Arun Kumar
Gurgaon | 100+ Answers
CONTACT NOW
You can file a case under section 9, it's your right to live your life with your husband. But you have to decide on your own that whether you want to live him or not. You needs to be clear in your thoughts. For any further clarification contact me.
Helpful?
16+
16+
Adv. Vikas Sangwan
Gurgaon | 25+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
