LawRato

What are the grounds of divorce if one spouse agrees


17-May-2023 (In Divorce Law)
I & my husband got married in March 2010 as per Hindu Marriage ceremony. We both have been happily married since then. However, January 2017, I found out that my husband is having an affair with his colleague at work. We had a verbal spat about it, but i continued to stay with him and my in-laws in the same house. My husband continued his affair because of which in October 2017, I left my husband's house and started living separately. Now, my husband is pressurizing me to agree for Divorce by mutual consent so that he can move on and marry again. I do not want to divorce him and have following queries. 1, What are my rights in the court of law if my husband files for a contested Divorce? 2. Can he file divorce on basis of desertion on my part? 3. How far can i stretch the case if he files for contested divorce? Thank you
Answers (1)

Answer #1
790 votes
Hi, first of all if you don't want Divorce then your husband can't pressurize you to take divorce on mutual consent. As you mentioned that you don"t want to divorce your husband on that there is no possibility of divorce on the ground of mutual consent. Secondly, even if your husband file a divorce case against you then you can fight your case for long unless until you both will not agreed on same platform. There are many right given by the law to woman like you can ask for maintenance for yourself and for your child and you have all the right to maintain a standard which you used to enjoy at your husband house. You can file a police complaint against him and can put him behind bars. There are many other rights and provisions in law which has been provided to women.
Coming to your second query on the very initial move he cant file divorce on basis of your desertion. Your husband need to file a case agaisnt you under Section 9 of Hindu Marriage Act.
Coming to your third query, I have already replied that above. Thanks.

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."