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manisha (housewife)     14 October 2013

Divorce notice

my husband has sent a divorce notice which i came to know thru r common frndz., but till date i have not received it. my queries r:-

1. wht should i do with it as i am unaware of the legal matters.

2. within hw many days should i reply

3. in no way am i interested in giving the divorce in this case what should i do

4. wht will happen if the divorce notice is not received by me.

please guide at the earliest

thanks



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2013

Dear Manisha

without contents of the notice we are unable to give you best of our advise, so it will be better to contact a lawyer when you receive the notice.

manisha (housewife)     09 November 2013

Dear Sir,

Yesterday I have received the divorce notice from my husband and the allegations charged are false and they r:-

1.       That I abused the inlaws and him verbally and physically.

2.       I do not help financially and physically in the domestic works of the house.

My clarifications against these allegations are:

1.       From the day 1 of our love marriage we were staying separately in our own house. So there is no point in abusing them. Secondly both mother & father in law have expired 5 years ago.

2.       Since my husband is a govt. employee. And he had to go on tour for 15-20 days in a month throughout the year. And from last 17 years of our marriage I was taking care of the house and the children (16 years and 10 years) both physically and mentally. Since I am a housewife who takes tutions as home and earn Rs. 1500/- so I was not capable to support my husband financially thou my husband is financially well due to his job.

3.       I am the victim of domestic violence tortured mentally for last 17 years for questioning his illicit affairs. Since he has been caught up with his illicit affairs many times so now he is trying to get rid of me so that he can continue with his whimsical and eccentrical behavior. And deny from his responsibility as a head of the family/husband/father.

4.       He has to pay me the cost of litigation also as I am financially not sound.

In any condition what so every I am not willing to give my consent for divorce so please guide how to proceed with the notice.  Please also let me know with the help of the above points will the court favour me or my husband.

 

Thanks in anticipation. Please guide appropriately ASAP.

Samir N (General Queries) (Business)     09 November 2013

If your case is genuine, given your financial hurdles, perhaps one of the advocates in this forum from your city will provide you free service at least with the procedural matters. Any volunteers? May be you can just disclose your city in this forum and then if some advocate with all credentials available on the site, volunteers, you can enter into some private communication. However, to be fair to the advocate, his offer of free service to you should be made known in the forum as it would certainly be a very commendable act.

Shekhar (Proprietor)     28 November 2013

Which Part Of India R U From, Miss Manisha?

manisha (housewife)     23 June 2014

your guidance and suggestions are required in the below matter :-

as our case is in the court for hearing (not by mutual consent)

i am still living in the same house with. my concern is that my husband is not maintaining me in any way. so how can i go ahead with the demand of maintenance for myself.

Please guide under which section can i do so.

manisha (housewife)     23 June 2014

your guidance and suggestions are required in the below matter :-

as our case is in the court for hearing (not by mutual consent)

i am still living in the same house with. my concern is that my husband is not maintaining me in any way. so how can i go ahead with the demand of maintenance for myself.

Please guide under which section can i do so.

Adv k . mahesh (advocate)     23 June 2014

already eight months passed means you have appointed a lawyer and going through the legal process to avoid divorce 

Hindu Marriage Act under Section 125 of Cr.PC you can file petition for maintenance and the court will issue notice to your husband and court will decide by taking all the evidences submitted by you like his salary slip, interest on deposits, any other source of income will all take into consideration and will decide to you and for your children

from which place the cases are running 


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