Husband want divorce, wife do not want
DB
(Querist) 04 October 2014
This query is : Resolved
http://www.lawyersclubindia.com/experts/If-husband-wants-divorce-but-wife-is-not-ready-at-all-for-divorce-then-what--135306.asp#.VC8h-WM3Ltg
Above link interestingly describes my sister's situation in details.
My sister's husband do not want to stay with her. His parents and our parents both are trying to convince him.
Now we are in dilemma for following reasons...
a> we do not want to file a police complaint against her in laws, because this will kill all possibility to save marriage, even though they have torture her mentally to a extent that my sister told me she will do harm to herself if she stay with him anymore. And if we delay to complain we can lose our strong position which we have build up by family discussion in recent time. Even today we do not have any proof of mental torture which my sister suffer for almost 1.5 years. Now suddenly her in-laws have started behaving very good to avoid any legal action. Though her husband continue to say he can not stay with my sister.
b>She do not want divorce as she is emotionally attached with him, even though her husband rarely treated her well. He used to tell "maine saam, daam, dand, bhed sab laga ke dekh liya lekin tum mujhe chorana hi nahi chahti ho". My sister is saying she can not stay with him in current circumstances but she did not divorce either. She is graduate and want to do job. Still no child.
C> Our family want complete safety to my sister, hence recently brought my sister in our house. I do not know if this step will weaken my position or not. I do not want her in laws to escape either, as it has all happen because of their ignorance. They agreed to marriage because my sister was beautiful and we were ready to fulfill their demand in almost all respect, which did. Because of some minor fault from our side during marriage their family build an ego issue and started misbehaving with my sister soon after marriage bedai samaroh. Soon after marriage (three days) her husband informed her that he might not stay with her. Their family on one hand try to convince her son and on other hand try to show the world that my sister is imperfect for their son (they are not in a position to claim this as they took more than 1.5 years to decide on marriage, their parents, brothers and our family also asked the boy to meet my sister before marriage, but he denied every time. He never pointed any issue with my sister, simply saying they are not compatible with each other)
d> We do not want to be emotional this time and want to try legal option with extreme care. We have already went for lot of discussion. Their family today claimed that they were not aware of their son behavior and hence treated my sister badly. But they also try to convey strong message that if we are thinking of any revenge kind of thing then they will protest strongly. We are well settled family. Even more strong than his family on every front be it money or education. We do not want to feel cheated in long run.....that is our only concern. What to do now.....please suggest.
Dr J C Vashista
(Expert) 04 October 2014
Summerise your query if not repeated.
Rajendra K Goyal
(Expert) 04 October 2014
You have tried to save marriage of your sister, no positive response from other side.
In laws of your sister treated her badly, now to avoid legal action, they are showing polished treatment.
Though your sister does not want to divorce, she should not remain calm. Should claim maintenance, go to woman cell and should fight for her honourable existence.
She can oppose divorce if filed from them.
ajay sethi
(Expert) 04 October 2014
wife can contest divorce proceedings if she does not want divorce . contact a local lawyer and decide course of action
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
Consult a local lawyer, narrate entire things and seek his opinion and advise on the basis of ground reality.