Divorce query

Hello, Shyam, helpinghand, Manish!Why you people are silent?What do you comment now about my husband?Does he deserve a good lesson?

I think the best advice I can give is that you should try to get a court order which forces him to go for joint psychiatric counselling with you, or maybe even with you and your children.

www.mehnat.in

Originally posted by : lota
	Originally posted by : Helping Hand ! Originally posted by : lota Hello, my husband filed divorce as he is willing to marry another girl.As I have been cheated and have minor kids dont want to give him divorce though he is pressurising in mediation for mutual divorce.If mediation fails and case sent back to Court again then how can long will it run? If I file a RCR case to slow down the divorce case , if I win the case and he won't come to stay with me.Then what will be the impact of the RCR order in my favour on his divorce case? Only unbiased legal advice is begged hereby.Thanks. Why did your hasband cheat on you? Taali ek haaath se oh nahi bajti....... If dont want to give divorce, tell dont want to give divorce, until the day your illtreatment is proven and he is granted divorce. But until then it is happy roaming to court halls! he was cheating me ..i was unaware..he had relation with many girls beside this affair and a so called happy family.The day i came to know his hidden world we had fighting on these issues..He says as he is a male he has right to do so as many men in the society keep relation with other women.I protested "you can say this a taali from my side".Can you believe he is not at home since saturday morning, he is outstation with the mistress.My kids are calling him but he is not responding so that I can not trace him.   @Manish I can't play with my kids sending them to stay with him.He even don't care when they have high fever..he is not seen for a week even when they are sick..dont entertain 4 year old son when he insists to go school with papa..he will spoil them leaving with maid...sorry but i found this piece of advice very unsound!

 

 

Now what I meant by taali is it takes two to tango, as nowhere in your query in the first page have you mentioned about two sides of the story, when you come to a legal forum, if you present both sides of the story in the first place, the replies wont be the way they were by LD so far.

 

Apart  from mard hoon karsakta hoon, sabhi karte hain, main bhi karoonga [only shows that he does not care for you anymore and giving lame excuses to hide his desires for the other woman].

 

Here the husband is found cheating, there might be umpteen reasons for his cheating.  Will try to highlight a few..

 

1.  Loss of interest in s*x with you

2.  Wanting to be adventurous just like Tiger woods

 

Yours is not the first case, you should have made out his this kind of behavior long long back and should have had a one on one discussion with him as to why he is doing like this.  Now that all that has been over, there is only room for further counseling for which he may not agree, as I suppose he has made up his mind to part ways, but then love and affection itself is something else which can do wonders and change anybody, so you can give it a try personally as well as via a professional counselor in the court as he has already filed for divorce.

 

RCR wont to much help, it is just on paper, even if you win RCR, no court in India can force your husband to cohabit with you, so that means to say it’s a useless law.

 

Now I really don’t want you to get into the messy world of 498a, DV etc, those laws are only marriage breakers and no good.

 

When they call you both for mediation, then is the time to convince him as to not let go off this marriage, and mention that you don’t want your family to get scattered away into bits.

 

Otherwise, even Tiger Woods’s wife did not forgive him for cheating on her, they went for a divorce, and Woods is only left with this club to play different strokes, wherever possible.

And read this reply of Ad Chandu again

 

 

If you do not want to give divorce, then you contest the case meticulously.  Generally in trial court the case will run between three to four years.  If he does not have sufficient grounds for divorce and his sole ground is to get married with extra-marital affair girl, he will not get it, even though in his divorce petition he puts several allegations against you - disobedient, insolent and abusive wife, in-laws interference in his matrimonial life, cruelty he has been facing every minute in the hands of his callous wife (you), your abuses against his old father and mother solely dependent upon him, your insistentence to live separately with him depriving him to stay and serve his parents .....bla....bla.  Do not fear of such wild allegations, which are quite natural in divorce petitions.  You contest the case adroitly without showing any lacunae on your part.  You will definetely succeed.

Do not file RCR, because it will not give you any releif but bring problems in future.

You are also entitled to file maintenance under Section 125 Cr.P.C. as you are housewife and your children are minors. 

 

In short, there should not be any ground for him to point fingers at you or make false allegations against you [he will, but you need not have to break your head about it], and dont ever ever listen to any lawyer to file a 498a or DV if they suggest you so, if your intentions of saving your marraige are genuine]

You should be clean as a whiteboard, the court will see the merits of the case, and your tireless effort to save the marriage, court will not award divorce !

@ Helping hand thank you for the detailed review about RCR and contesting divorce case. @Manish sir. How to seek an order for compulsory joint counselling through court. How to apply for it ? Please let us know the procedure. Is it available everywhere in India?

Nice suggestion given by Syam,Helping hand & Tajobsindia.

@Lota have you dismissed the divorce of your husband and start living with him or still roaming to court halls?