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What to do if my husband want to take divorce


30-Jun-2023 (In Family Law)
Me & my husband have compatibility issues & i have issues with my life n laws due to their extreme interference in our relationship. During a fight i told my in laws & husband that we should re considere our marriage followed by a verbal fight with my husband in which i also said a lot of things to him. Now due to this he is also adamant for divorce. On what grounds can he file divorce? He does not take any financial responsibility of mine. Once he tried to hit me & i called police. On my part also there is one mistake that i wrote something bad about his family & him & they found it out. It was related to some vastu tips for encouraging love between husband & wife. They say its black magic. I did not do anything. Moreover my husband & in laws treat me indifferently by not eating food i make , not talking to me for days whenever i hv any verbal argument with any of them. Plz suggest
Answers (5)

Answer #1
548 votes
Mam
In this concern if your husband is claiming divorce then we can deny the grounds which he wants to make.
Rest you have to tell details

Mam
In this concern if your husband is claiming divorce then we can deny the grounds which he wants to make.
Rest you have to tell details



Mam
In this concern if your husband is claiming divorce then we can deny the grounds which he wants to make.
Rest you have to tell details
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Answer #2
526 votes
See you have to be clear as to what you want exactly.
If you want to end this marriage then you can have divorce.
Otherwise you can file an RCR inthe courtbto save your marriage. He can take a ground of cruelty for seeking divorce.
You can book an appointment for further legal advice.
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Answer #3
906 votes
Dear Lady,

It seems you are in an unhappy marriage, with both you and your husband having persistent issues. You clearly state that your husband wants a divorce, but you do not express your decision. Therefore, firstly, please come up with a firm decision on how you want to continue your life - whether you want to end the marriage, or continue it?

In case, you want to continue your marriage, please speak with your husband regarding the same and seek marriage counselling. It certainly helps. All relationships have their highs and lows, and if you take initiative, things will certainly improve.

If the decision to end marriage is firm and final, both the husband and wife can file petition for divorce by mutual consent in Court. This process is quick, easy and not expensive. However, both of you will have to agree on monetary settlement (if you seek so) and custody and welfare of children (if any).

Next scenario is that your husband seeks divorce, but you do not. In such case, on what grounds does he seek divorce is totally upto him, and the case will have to be contested by you on merits. This is time consuming and expensive. It may also involve filing of counter cases by you against your husband and in-laws for cruelty, harassment, dowry, etc.

Lastly, it is impossible to provide a conclusive opinion on the short set of facts given by you. For a detailed counselling, please seek consultation.

Wishing you a good day!
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Answer #4
553 votes
Please take a decision whether you want to continue with the marriage or not. If your husband is not ready to take your financial responsibility then you can file a maintenance case on your husband by filing a maintenance application before the Family Court. Also, in case they hit you and you do not want to continue with this marriage then you can get an FIR lodged against them under Section 498A of the Indian Penal Code and under the Domestic Violence Act by approaching a Mahila Police Thana near you. Further, even you can file a petition for Divorce on grounds of mental and physical cruelty and ask for maintenance.
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Answer #5
723 votes
You can file suit under section 9 of Hindu Marriage Act, 1955 to restore your conjugal rights. As per your case History your Husband do not have any ground for filing divorce. Even if he files you can fight the case in court.
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