Husband forcing for filing for Mutual Divorce

Im Hindu..i have been married from husband asked me to give Mutual Divorce. But I didn't agree. He is having external affairs.when I came to know I talked with my in laws.they didn't sort it out.instead they are supporting their son.then I came to my parents house.after one month I Said to my husband ..Leave external affairs..We can lead good life..But he didn't agree ..He forced me to give Mutual..I opposed for mutual..Then he said give me some time ..But after 6 Months he send me Divorce notice in that he put all false alligations saying my wife is having external affairs.She is not taking care of my parents..She is trying to suicide writing death note in my parents names..And also he mentioned in that she may put false dowry case on my family members.. After getting divorce notice I failed FIR under dv act..I'm not ready to give divorce​. If I give mutual I'm a get any maintenance or composition or share from his property..Since I'm working in govt job.bec he is earning mor

Answers (5)

171 votes

In this case you don't go for mutual consent divorce instead you file a case for restitution of conjugal rights asking him to join you and lead married life, further if he files divorce case you file objections and see that his case is dismissed, further if you too want a divorce you can demand permanent aliomny and if he is ready to pay then only agree for divorce.

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335 votes

If you do not agree for mutual consent divorce, you can oppose the same and contest the case if your husband files a divorce case. Your husband needs to show proper grounds for getting divorce decree from the court.

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345 votes

Hlw... Mutual divorce is something which should be given with free consent one cannot compel you to do so and as per the Hindu adoption and maintenance act 1956, a Hindu male is legally obligated to maintain his wife. Maintenance includes provision for food, residence, clothing etc and section 25 of the Hindu marriage act 1955 specifically speaks about maintenance and hold that only a wife who is legally wedded and whose marriage is not null and void can claim maintenance. The honble Supreme Court in chaturbhuj V sita bai AIR 2008 SC 530 has rules that a women can claim maintenance if he has deserted her even though she makes efforts to earn her monthly income. Earning of wife cannot be a ground to stop her maintenance unless the earning is sufficient and moreover interim orders will also be passed during the pendency of the suit.

246 votes

Any how he has issued notice, u can contest & prove what its all false. See that it is all false & get it dismissed. Mean while u can engage a defective & collect his details of his external affairs.

350 votes

Hi, the court would not entertain any divorce petition on the face of it. Upon filing of the petition the court would refer the matter to mediation where the parties would be allowed to discuss and reach an amicable settlement. You can mention the maintenance amount which you feel is required to meet you necessities at the time of mediation. Further if your husband further proceeds with the divorce matter you may file your reply and seek for maintenance. However generally maintenance is given to meet the needs of the women who does not have any source of income. However since you have a job you would have to substantiate your claim of seeking maintenance.

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