Divorce
Querist :
Anonymous
(Querist) 15 June 2018
This query is : Resolved
Hi, I am married for past 10years. Now my husband wants a divorce coz he thinks that we are not incompatible enough and we have a child who is 9 years and is been disturbed by all these things. I don't want a divorce. What do I do?? He plans to file a divorce.
Guest
(Expert) 15 June 2018
Realizing that you both are ' Incompatible" is too late by your husband. Better you try to modify your self and get accustomed with your huband's nature atleast for the sake of your 9 years old child. Divorce will not be granted so easily if you are not willing for it. Discuss with local Advocate or with Free Legal Forum ffor Women in the concerned Court and they would guide you.
Querist :
Anonymous
(Querist) 15 June 2018
Thanks Mr.Narasimha! Do you really think that me being a woman is at a fault? My husband is ready to leave the child and he is stubborn on getting a divorce.
Guest
(Expert) 15 June 2018
Divorce cannot be imposed upon you against your wishes. However, if due to incompatibility, you are unable to bear with his stubbornness,, you can live separately from your husband and claim monthly maintenance amount or lump sum alimony from him.
Vijay Raj Mahajan
(Expert) 15 June 2018
Let him file for divorce, he won't get it so easily as he expects. If there was no compatibility between both of you how your marriage survived for 10 years and with child of 9 years. Divorce is not a piece of chocolate that one can go and buy it from grocery store. To get divorce one need to prove the alleged ground available for dissolution of marriage by decree of divorce. You should seek from your husband maintenance for self and child whether he moves court for divorce or not, even if you are working you need to ask maintenance for the minor child who is living with you. The onus to prove the sufficient ground for divorce is on the husband that seems not available so he will try to compromise for divorce by mutual consent on advise of his counsel as it so happens in such cases, at that time your demand for financial support for the child till the completion of his complete education and till the child is able to earn his own livelihood, there should not be compromise from your side on this account.
K Rajasekharan
(Expert) 15 June 2018
Marriage involves two parties. No one has any dominant say in it as equality is the hallmark of it.
If one party wants divorce and the other one does not want it, it is quite natural that the party who wants to keep it has to take a lead in salvaging the relationship. The other party legally has no obligation other than paying the maintenance or alimony and go. Moral obligations cannot be enforced through courts.
You may be able to keep the unwilling husband for two or three years in the relation through court proceedings but those proceedings will be more painful than otherwise.
To retain the marriage intact, conciliation of some sort is the better choice than the court procedures.
AKSHANSH SINGHAL
(Expert) 15 June 2018
First advise would be to sort out the differences between you and your husband. Infact , you may take help of elder members of family. Getting divorce would not be easy for your husband as you are not willing for divorce. Husband and wife have to mention logical reason for obtaining divorce, just mere mentioning "incompatible" would not be helpful.Court would also give priority to interest to the future of your child. You have not mentioned the financial status of the family, that too would be looked at for claiming maintenance and alimony.
Guest
(Expert) 16 June 2018
Wonder, why NJS Rajkumar became silent on the question of the querist, as posed specifically on him? At least he should have agreed with Ms. Usha Kapoor.
Guest
(Expert) 16 June 2018
Wonder, why NJS Rajkumar became silent on the question of the querist, as posed specifically on him? At least he should have agreed with Ms. Usha Kapoor.
Guest
(Expert) 16 June 2018
Wonder, why NJS Rajkumar became silent on the question of the querist, as posed specifically on him? At least he should have agreed with Ms. Usha Kapoor.
Dr J C Vashista
(Expert) 17 June 2018
Let him file the suit for divorce then you will have to hire the services of a professional local lawyer and seek his/her advise, the query is premature.
