This is further to the discussion we had last month.
My husband has succeeded through High Court, in transferring my RCR case to this city where he had filed for divorce. Earlier I had also applied for transfer of his petition to my city where RCR was filed........but my petition got rejected.
Anyhow. I received the divorce petition in march and now 5 months have passed due to all these transfer issues. I don't have a lawyer as yet in this city, because I cannot afford one. I met husband's lawyer in court and he is threatening me now saying that its already too late and that 90 days have already passed after I received petition and so I should submit for written reply now.
He and my husband also tried their best to convince me for mutual consent divorce, when I met them in court few days back. Husband says that he will not come back home, even if the judge declares NO DIVORCE. My RCR petition papers may take time to reach the court here, but his advocate says that he will start with divorce proceedings on next date and not wait for my RCR papers to reach here.
Please guide me :-
a) I consulted my family and friends and everybody felt that it is better to agree for mutual consent, rather than dragging the case ? I already wrote to my husband and his lawyers that I am ready for mutual consent, but they have not replied to my mail. I dont know what they want from me now.
b) His lawyer threatens that presently husband is ready to give me my house if I agree for mutual consent divorce. If I dont agree and decide to contest the case, then I will lose my property too. Is this true? Will I not get my 50% share of property anyhow, because it is on our joint name.
c) If I dont give my written reply to petition on next hearing date, will the divorce be granted to him ex-parte ?
d) If I dont want to contest the case, instead agree for mutual divorce, can they pressurize me to contest ?
e) I sometimes feel that I should contest. This is because all allegations against me are false and I also have proofs in most cases to prove my innocence. Besides I also have instances of mental torture to me by my husband's family, which I have not brought out in the open so far. I did not want to drag my in laws into all this, but now since my husband is acting adamant and not even thinking about his child, why should I have so much concern for his parents. Please advise.
f) I have evidence of my husband's extra-marital case also now. I told my husband about it and he kept quiet. My mom in law supporting even this act of his. She says that he has been staying away for a year now, so these kind of things can happen. Will it be foolish on my part to agree for mutual consent, inspite of knowing that its all my husband's fault and they are simply putting the blame on me for nothing.
I am totally confused. I dont want my family to break. I still love my husband inspite of his wrong doings and I am ready to forgive him for everything. I neither want his property nor his money.........I just want him back. What should I do, so that he may either withdraw the case or put it on hold.
The judge had a casual chat with me for 3-4 minutes and gave me a hint that if I dont want divorce, there is no way it can happen. But whats the use even if I win, since husband has decided not to come back at all. He probably is being pressurized for marriage by the other lady.
Please give your valuable advice and suggestions. Based on that, I will decide if I should contest the case and submit my WR, or agree for mutual consent and avoid wasting time, money and energy on a lengthy litigation process.