I dont want divorce
Querist :
Anonymous
(Querist) 24 July 2011
This query is : Resolved
Im 41 and have teenage children living with me.My husband was a compulsive beater and sex addict.Even if he will beat me black n blue I wont get a medical done for the sake of family prestige.He had several affairs which i was unable to prove.I never thought of leaving him because of my kids and our was a love marrige.He is in Army and stopped giving me any money.my husband left me n my kids in the army house and went on a posting.I had to complain to the authorities.Awwa granted me maintenance allowance and i was forced to vacate the accommodation.Humiliated and bruised I left with my parents.Then after 2 years my husband filed for divorce on the grounds of cruelty & desertion.My complaining to his officers after taking beatings for 10 years and not-furnishing medical reports has been termed as cruelty.The case is due for final judgment in a session court.Will he get a divorce?
M/s. Y-not legal services
(Expert) 24 July 2011
You are too late in this issue madam.. If you not ready to give divorce mean earlierly you should be filed a petition for restitution of conjugal rights. Its ok. Atleast you might be taken good grounds in this divorce case. Now we don't know your counter statements and depositions. Since your case posted for judgement mean just wait.. If its not favour to you mean you can bring it to appeal to high court. Nothing to worry.
Querist :
Anonymous
(Querist) 24 July 2011
I had a lot of pressure from my conservative family to not initiate anything.Plus i have borne so much humiliation already that now i don't want stigma of divorce.My daughter will be of marriageable age soon.I just now want to know that what are the chances of his petition getting dismissed?
M/s. Y-not legal services
(Expert) 24 July 2011
Am helpless to answer you madam.. Not only me. No one can answer your question that whats the chance for getting dismissal of that case. Cos almost arguements over in your case. Just we are awaiting for judgment.
M/s. Y-not legal services
(Expert) 24 July 2011
If its possible mean just quash that divorce petition before your high court. And you file a fresh petition for restitution of conjugal rights. Its mean calling your husband for reunion.
R.Ramachandran
(Expert) 25 July 2011
Even now it is not too late. Engage a lawyer to defend your case. At least at this stage, you have to bring on record all the cruelties inflicted by your husband on you, how you were left in the army house and how you had to seek the help of AWWA for maintenance etc., etc. and stop the divorce. If you do not come forward now and engage a lawyer, it will be difficult to stop the divorce. Tell your parents, there is nothing more to lose. They have to stand up and fight this injustice. You should not be afraid of the society - it will blame you both ways. You have to come out of your shell and fight. Better engage a lawyer and tell the complete story - do not hold back anything - and oppose by tooth and nail the divorce petition of your husband.
Querist :
Anonymous
(Querist) 25 July 2011
@R.Rama Chandran> Sir Thanks Alot The Judgement is going to be announced B4 Mid August.Now Shall I act B4 Judgement is to be announced in lower court.. or After?
Querist :
Anonymous
(Querist) 26 July 2011
Based on your worthy advivice.I spoke to my lawyer. He said that this case wnt on for 4 years now we cannot take a stay order b4 the judgment.4 judges were changed during this and the ones which heard my plight are not the ones who are making decision.Infact only 2 hearings have happened(My Fathers's witness & argument) in front of this judge who is going to give the decision! Now one key point that he hasnt discussed child custody visiting rights alimony or our rehabilitation.From this can we assume that he wont grant him divorce?
R.Ramachandran
(Expert) 26 July 2011
Then we have to wait and watch for the decision.
Querist :
Anonymous
(Querist) 26 July 2011
@R.Rama chandran thanks sir For your time. But based on what is written by me here. What are the chances of me winning this in lower court?(I request you ) please answer.
R.Ramachandran
(Expert) 26 July 2011
As I am not completely aware of the proceedings, from whatever little that you have stated here, one cannot come to the conclusion. Let us await the decision, which is not far away.
Querist :
Anonymous
(Querist) 26 July 2011
Ok agreed..So lets assume he wins
1.Can he stop my interim Maintenence I'm and kids are getting from Army?
2.Can he become evasive leave country and get married?
R.Ramachandran
(Expert) 26 July 2011
The maintenance cannot be stopped to you. Even after divorce, he has to give you maintenance.
Once he obtains divorce, unless you appeal against the divorce, after the time for filing appeal ends, he is free to remarry. Even if he goes to a foreign country, still your maintenance will continue - at best by attaching his pension.
Querist :
Anonymous
(Querist) 26 July 2011
Thanks sir god bless you and your family. thanks for helping me.
Thanks to this website
