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Divorce

Guest (Querist) 13 September 2015 This query is : Resolved 
Sir/ Madam
Its been 15 months marriage life, 6 months we have been together in abroad where he spent most of his time in chatting with his parents and sisters over phone call, i was very close with my in-laws and they too, he will be good to me until he makes call to his family after ending the call he will beat me till i get scar and blood and he will get some medicines to cure my injuries then he will say this living place is not good for us so we will change asap, i believed his sayings and kept quiet without intimating to anyone, meanwhile i got pregnant after checking up pregnancy he pushed me down for not informing to his mom eventhough he knows my call to my mother in-law but she didnt picked up my call, at my 4 th month of pregnancy we came to India and stayed in his house, his total family was upset on my pregnancy didnt showed up their good face to me, my husband left me at my home and sent a divorce notice also filed a complaint against me as torturing wife, i went to police station with my parents there SI solved our problem SI asked us not to care for divorce notice, he gave a written statement that he will make a call to me and send money monthly as per that he sent money only for one month after that he didnt call me again he sent a divorce notice, he didnt even care about my delivery and my son is 2 months old, he is not attending any call and blocked me in all way of contacts, i dont want to give divorce, i want my son to grow with parents, pls help me for not getting divorce, i want to live with my husband so pls help me
SAINATH DEVALLA (Expert) 13 September 2015
U can't file a case under desertion as the separation should be at least 2 yrs.Why didn't the elders try for mediation and counselling,that could have yielded a favourable result.
Guest (Querist) 13 September 2015
My parents called his mom she says that we'll see in court and disconnected the call and not picking anymore calls also she says that she is in hospital for joint treatment, so pls suggest me a way to get along with my husband
Advocate Kappil Cchandna (Expert) 13 September 2015
Mam,

Better file Restitution of Conjugal Rights and then the see whats happens initially.

Warm Regards
Kapil Chandna Advocate
9899011450
SAINATH DEVALLA (Expert) 13 September 2015
First do as per Mr.Kapil's advice
Rajendra K Goyal (Expert) 13 September 2015
Consult local lawyer and discuss.

It seems any amicable / mutual settlement is not possible, move legally, file DV case, case for maintenance etc.
Guest (Querist) 13 September 2015
Thanks for all of your guidance, let me go ahead
T. Kalaiselvan, Advocate (Expert) 21 September 2015
If he has sent a divorce notice, you should give a proper reply rejecting his notice. You can file a case for restitution of conjugal rights and if possible you may file a maintenance case also under section 125 cr.p.c. and for residential rights as well as protection under domestic violence act too.
Consult a local lawyer and proceed as his further advise.


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