Please suggest- Divorce and maintenance cases
Priya
(Querist) 04 November 2016
This query is : Resolved
Hello everyone,
I have applied for divorce and after several attempts of sending the summons to my husband, he attended to the court and wants me to take back to his house.
He didn't respect to the maintenance order passed by the court 2 years back and didn't pay me any amount till now.
But one of his lawyer is even trying to settle the cases by paying the amount.
Considering above two scenarios, please suggest if I can go back to my in laws house and lead my marital life.
If I need to go back to my in laws house,please suggest on the steps I need to take care.
Thanks
Rajendra K Goyal
(Expert) 04 November 2016
First ask him to pay arrears of maintenance. If does not agree, file execution.
Without going through the full case file nothing fruitful suggestion can be extended. Discuss with your lawyer who is fully aware of full case file.
Kumar Doab
(Expert) 04 November 2016
You are the best person to judge the conduct of husband and accordingly reply upon.
You have succeeded so husband has appeared to avoid further consequences.
Get maintenance amount.
Your own counsel that is well aware of the case can advise you the best.
Priya
(Querist) 04 November 2016
Sure Rajendra ji and thank you so much for the response!
@ Kumar ji, yes you are absolutely right, that I can judge the conduct of my husband. But am scared on whether I will face any tough situations after going to my in law's house. Does he need to pay the maintenance amount even if he accepts me to take to his house?
Guest
(Expert) 05 November 2016
You have not stated, what your own lawyer has suggested on your confusion?
Further, what are the grounds for your divorce and whether mutual consent divorce or contested divorce?
Rajendra K Goyal
(Expert) 05 November 2016
Waiting replies from author to the questions from expert.
It is always better to have a chance to save marriage. If he pay arrears of maintenance, you may think of reunion.
This and such other acts may judge his sincerity towards continuation of marriage.
dev kapoor
(Expert) 05 November 2016
Hi Priya,
You are the best judge of your case in as much as you decide to cohabit with your husband and start living with his family members. Please try to reconcile. Compromise is the best way of life.Don't scare of residing with your in-laws.
You have lots of good advice here by experts and yet I wish to add that you will have to SHUN truffles and try to adjust in FAMILY of your in-laws. Please have one-to-one meeting with your hubby and a meeting with your parent in llaws.After you are satisfied about their amicablevconduct towards You,go ahead.Don't delay."LOVE BEGETS LOVE"is well known doctrine of happy living.
Legal niceties/intricacies will complicate the problem rather that easing it put So go ahead and live a HAPPY married life....WHO HAS NO PROBLES?
GOOD LUCK!
dev kapoor
(Expert) 05 November 2016
Hi Priya,
You are the best judge of your case in as much as you decide to cohabit with your husband and start living with his family members. Please try to reconcile. Compromise is the best way of life.Don't scare of residing with your in-laws.
You have lots of good advice here by experts and yet I wish to add that you will have to SHUN truffles and try to adjust in FAMILY of your in-laws. Please have one-to-one meeting with your hubby and a meeting with your parent in llaws.After you are satisfied about their amicablevconduct towards You,go ahead.Don't delay."LOVE BEGETS LOVE"is well known doctrine of happy living.
Legal niceties/intricacies will complicate the problem rather that easing it put So go ahead and live a HAPPY married life....WHO HAS NO PROBLES?
GOOD LUCK!
dr g balakrishnan
(Expert) 05 November 2016
better stay with your in laws as they did like you it seems so too yr husband, i presume, then life gets settled.
dr g balakrishnan
(Expert) 05 November 2016
you have to know in life to run an independent house is very strenuous and highly strainful, that might cause problems for life. therefore strike a mutual great deal with yr in laws and stay after all u can never ever be young enough to fend life is my considered thought
Rajendra K Goyal
(Expert) 06 November 2016
You should try to save marriage, marriage breaking / litigation can be started anytime.
Kumar Doab
(Expert) 06 November 2016
Certainly try to save the marriage.
Remain vigilant.
Guest
(Expert) 06 November 2016
It is you who has to decide, whether you want divorce and to get money or live with your husband. Check every prospect before you finally decide the course of action.
Dr J C Vashista
(Expert) 08 November 2016
Very well advised, I agree with experts.
Nothing so serious to break the marriage institution; you have number of opportunities and threats in life which you can (yourself) find the way out.
Guest
(Expert) 08 November 2016
The author is silent for the last three days on my question!
Priya
(Querist) 01 December 2016
I am sorry for not responding experts!
I just got a chance to login to the forum. I always try to save the marriage as i prefer to stay with my husband rather than to get money.
Really thankful to above experts for boosting and suggesting me!
Rajendra K Goyal
(Expert) 01 December 2016
You are welcome.
It is good some authors are courteous to thank the efforts of experts.
Kumar Doab
(Expert) 01 December 2016
You are welcome.
It is good to see that some authors do come back to thank the experts.
Remain vigilant.
Save your marriage.
Priya
(Querist) 25 December 2016
Hello Respected Experts,
Just wanted to give you all an update that after my last posting in this forum, yesterday was my hearing at court. The respected Judge got transferred and new Judge didn't come to take over the responsibilities. Infact we were resquested to attend for a counselling. But my husband didn't come as the new Judge didn't come and take the responsibilities. Since this is just a counselling my husband should have come . Don't know his next steps. I thought that he will take me back to lead the marital life. But came to know through our lawyer that they are preparing to fight for an argument that I am capable enough and not required to pay the maintenance. But am least bothered about the maintenance, for me it is just enough that if he forgets the past and take me back. I expected this like every girl who is married but for which he is not coming forward. He doesn't call/ text me and he didn't even respond to me last month when I pinged him through Imo. Am scared to call his mobile number as don't know how his lawyers may create for my incoming call.
Am really getting worried that if the situation continues like this and when can my problem get solved. Already years are passing like minutes.
Please suggest me experts.
Priya
(Querist) 26 December 2016
Hello Respected Experts, Just wanted to give you all an update that after my last posting in this forum, yesterday was my hearing at court. The respected Judge got transferred and new Judge didn't come to take over the responsibilities. Infact we were resquested to attend for a counselling. But my husband didn't come as the new Judge didn't come and take the responsibilities. Since this is just a counselling my husband should have come . Don't know his next steps. I thought that he will take me back to lead the marital life. But came to know through our lawyer that they are preparing to fight for an argument that I am capable enough and not required to pay the maintenance. But am least bothered about the maintenance, for me it is just enough that if he forgets the past and take me back. I expected this like every girl who is married but for which he is not coming forward. He doesn't call/ text me and he didn't even respond to me last month when I pinged him through Imo. Am scared to call his mobile number as don't know how his lawyers may create for my incoming call. Am really getting worried that if the situation continues like this and when can my problem get solved. Already years are passing like minutes. Please suggest me experts.
Rajendra K Goyal
(Expert) 26 December 2016
Absence of dialogue may result break.
May try through through some common friend relative for saving the marriage.
Kumar Doab
(Expert) 26 December 2016
The advise for counselling is to save the marriage.
Involve your near and dear ones, common friends, and your own lawyer, and try.
The ice may break.
Dr J C Vashista
(Expert) 27 December 2016
@Priya,
The circumstances explained by you do not involve any dispute to be solved through the process of Court until you are hell-bent to break the marriage.
I can understand from the views expressed by you that you are adamant to spoil peace of your husband and in-law by dragging them in frivolous litigation consequently breaking of married life.
You have adequately been advised by experts on this platform so that you may reconcile and save your marriage but it is other-way round with you, please stop this thread and consult your lawyer for proper guidance and further proceeding.
