Marriage case

Why you have asked for rent orders when you want to reside with your husband? On one hand you want to live seperately in a rented house and the rent to be paid by your husband and on the other hand you want to enter your matrimonial house with the help of police........? Why you did'nt seek residencial orders to reside in the shared household instead?

There should be minimum 2 years of desertion preceding the date of filing of petition to make it a ground of divorce. As far as cruelty is concerned, he will have to prove his allegations and the court will decide whether it amounts to cruelty or not. The court will not restrain you from contacting your husband. If your husband do not attend mediation then request the councellor  to give another date for mediation.

thanks for the reply mam..... now can i file an application in the court for residing in my matrimonial home ??

one more thing is there that i contacted my husband for reconciliation..... but he abused me in return..... he said if you try to come back then i will sell you..... i will kill you mercilessly.... i have all the proofs.........he even said that he is having an affair and that he can't keep 2 women..one has to go so i shud go.....

can you please tell if i show all this in the court then how will it help me ?? although i don't want a divorce so showing such things will not be of any use...... just generally am asking will such abuses/threats  from his side help in getting his divorce petition dismissed ??

There is no use of carrying a dead relationship try to seperate amicably otherwise all these cases results in wastage of time ,reputation,health.Think over it.

Dear Querist, 

1. Divorce on the grounds of desertion is not entertainable unless seperation is of two years or more. 

2. You can get residence orders to reside in the shared household/matrimonial home. You don't need any court orders for that, and you can go and reside there, but make sure things don't get out of hand as they normally do in such cases. I am sure you are asking the court for residence orders as an interim relief. 

3. If your husband does not come for a mediation - the judge can try persuade but cannot force him. You would be asked to file a Written Statement your reply to his divorce petition. with your WS you can take the counter claim of RCR (Restitution of Conjugal Rights) if you feel that there is still some marriage left in this. 

4. An unsubstantiated divorce petition is tough to get. 

Good Luck !

Bharat Chugh

Advocate - Delhi

thanks bharat for such a professional reply. yes i have asked for residence orders in the petition....its for rent accomodation or providing a same level of accomodation....since my husband forced me out of my matrimonial home..i have a proof for that.....i have filed for section 18,20,22 and sec 19.....but in between if i want to go and reside in my matrimonial home so how should i safeguard my self ?? 

Divorce case will take long period if it is contested case, So don't afraid.

If your Husband doesnt come at court than court will fixed next date,

If never come at each date than court will dissmiss his divorce case.

You have to submit application under sec. 23 of DV act for fast relief.

Yes you can get order for enter in matrimonial home to court But forcefully entry I never suggest. It may destroy your matrimonial life.

Yu have to solve your problem through Mediation.