LawRato

Husband filed for divorce not willing to give divorce


08-Jul-2023 (In Divorce Law)
Husband filed for divorce first, on grounds of cruelty and then made amends citing adultery in divorce petition, and now he’s not willing to give divorce, asking me to sign away the property which is co owned and also full child custody, and blackmailing me that unless i agree to his terms won’t give a divorce . I am currently dating someone and living separately from my husband since past 2 years. Can i get married in ritualistic way in case divorce doesn’t happen?. What are other ways to re marry if the divorce doesn’t happen at the earliest. I am at a ripe age of 38 and cannot wait longer. Please suggest a quick way to get through this. Regards.
Answers (4)

Answer #1
606 votes
you do not have to sign the property papers and also you do not have to give away the custody of the child and also u cannot marry unless you get divorce but you can stay with the person in live in relationship and lead your life
Helpful? LawRato LawRato

Answer #2
748 votes
Since your husband has already filed the divorce petition you can appear before the court and proceed with the divorce proceeding and give your consent for divorce. The same will be e converted into mutual consent petition. However since your husband is still alive you cannot remarry with another person till you both are officially divorced.

regards
Helpful? LawRato LawRato
Answer #3
753 votes
Hello
Advocate Minakshi ovhal here
Let me know his amendment application allowed? did you file your reply on his petition and aslo amendment application. you can counter claim for divorce also. can you provide me details information. you can call me. Thank you
Helpful? LawRato LawRato
Answer #4
575 votes
Hi

In this case you can counter claim the divorce petition and ask for maintenance and child custody

Moreover you can file complaint under domestic violence act for mental and economic abuse

You can retain custody of child if he/she is under 5 years. If the child is daughter then custody remains with mother

There is no extra judicial way for divorce and it is advisable that after due procedure of law for divorce you can remarry after 3 month's of decree
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

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."