Divorce case
Querist :
Anonymous
(Querist) 04 September 2011
This query is : Resolved
I got married in Feb 2009,i am working and earning decent enough.Even after maariage me and my husband lived in my company accomadation .From starting my inlaws didnt accept me though ours was arranged maarriage.Even before completion of 1 year they asked my husband to get separated based on false religious reason that i am not good for his life.When things didnt work out like this ,they started plotting him against me everyday.Lastly in Jan 2011 ,my husband left house when i was away and now after many attempts to reconcile ,he says he filed divorce case and in not ready to reconcile .he just wants to convince me that we should get seperately amicably.He says he has collected lot of proofs to get divorce...what should i do ...
1.I love my husband and dont want divorce but my inlaws are not at all ready to reconcile?
2.Since i had taken house on rent,i am paying the rent for same since marriage and now also and my husband is not ready to take away his belongings,in future if diicorce happens ,will he be supposed to pay rent which is 12,000/- pm
3.I have received only 1 summon since March 2011 and have not appeared in court ,what is average time by which 2nd
summon can be exepected.
4.Since my husband and inlaws are not ready for reunion talks,should i also take some legal step or sitting silent for some time will help.
All i want is my husband and nothing else..
Raj Kumar Makkad
(Expert) 04 September 2011
1. Defend the petition filed by him with full force and effect.
2. Why do you think of divorce. You think that he shall come with you and you both shall jointly make payment of rent. Unfortunately, if such situation arises then the person who retains such house, shall have to pay. You may claim maintenance allowance from your husband if your income/sources of income are lesser than him.
3. You should have appeared. You might have been proceeded as ex-parte till now and there is no hope of second summon. You immediately engage a lawyer and hand over to him the copy of summon received to you so that he may get enquiries from court and then may move for setting aside ex-parte proceeding. I fear if ex-parte divorce may not have been granted in his favour as more than 5 months have expired.
4. You have already maintained a long silence. It is last time to awake otherwise all shall go out of your hands and you shall be unable to do anything.
prabhakar singh
(Expert) 04 September 2011
Expert : raj kumar makkad has advised you very sincerely,just follow him.
Querist :
Anonymous
(Querist) 04 September 2011
Thanks a ton Raj Sir..Few more questions..
1.Even if i defend the divorce petition,he has political influence,so i doubt he will get case turned in his favour.
2.Even if the girl is earning,is she entitled for maintenence in case there is no kid.
3.What is average gap between 2 summons in divorce case.In case ex parte orders get passed,wont my husband and inlaws declare the same publicly.
4.What course of action should i take ..if i file case i dont think there will option left for reunion as my husband is very egoistic.
Raj Kumar Makkad
(Expert) 04 September 2011
1. This is wrong and illegal fear. Go to Tihar Club and meet those politicians who are 'enjoying' there and are even unable to take part in the proceeding of Parliament session (a privileged place for them).
2. If there is a big difference in the income of both then she can apply for the same.
3. They are not bound to do so and even there is no such law to declare summon or ex-parte publically.
4. You should first enquire and defend the ongoing case and then you are free to initiate many cases against your husband.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
1.Staying together is not a one-way traffic.
2.Throw his belongings out if it is useless to U.
3.When U have recd. the summons, U R not entitled to a 2nd.Contest the case if U want as otherwise,decision may be taken by the court ex-parte.
4.Find a new husband as I am sure your husband has found/promised a new wife more beneficial to him than U are.
Querist :
Anonymous
(Querist) 07 September 2011
Chancal jee
Isnt not clear what u mean to say when u said "that my husband would have found /promised a new wifr more beneficial to him than i am "...what does that mean ...
