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What if I don't want to divorce my husband but he does?
10-Jan-2023 (In Family Law)
Hi, We have had marital discord for sometime. I thought it to be normal marital discord and I did not have any idea that my husband had divorce in his mind. I had been living in my mom's house since 1.5 years ( only 6 months because of dispute between us and rest of time because he got transferred to another city and I could not join him because my child was studying in Chennai and he could not get her admitted in a school though I do not have evidence to prove that). However he has been coming home every 1.5 months and we were having physical relationship and my one sided whatsapp message did record it. Now suddenly he wants divorce and he is stating various legal points which I have no idea as to whether it amounts to cruelty or whatever be case. If I file for RCR and plead with my husband that I am ready to change according to whatever he needs in family counselling and if he still insists he does not want me to give a chance what will happen? Please help.
Hi madam/sir.
You don't want divorce me you go to file conjugal petition in family court otherwise you speak to your husband and compromise this matter
You don't want divorce me you go to file conjugal petition in family court otherwise you speak to your husband and compromise this matter
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Adv. D Parthibhan
Chennai | 400+ Answers
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You need not worry. You should file restitution first. Then only your husband will come for talks. You will come to know what is there in his mind. So please don't hesitate. Immediately file RCR. If you want any more information pls contact me.
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Adv. K. Venkatesan
Chennai | 100+ Answers
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In the circumstances, it is better you file a petition for RCR duly supported by all available material evidence. Your husband cannot succeed with divorce in view of the facts and circumstances stated by you.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Absolutely your husband has no case and you need not consent for divorce. That option is always available to you either to refuse or to give consent. Therefore, you can even move the right forum under the domestic violence act for co habitation. He can not use you simply and throw you out. More over you need not seek permission from the court for RCR and instead just enter matrimonial home forcibly for which you have all the rights.
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