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shwetha   20 April 2016

Not interest to give divorce

Hi,

My husband sent divorce and i am not interest to give divorce to him. I will brief my story here... I was married and living with family and in-laws. But they are cruel and behave wrong and they never treat me well. Lot of complications and no support from husband also. I was with mom's house and  in mean time they filed case like 'they need wife' like that. I asked to come live separate or maintenance. He withdrawn case so i put up DV act. Now he filed divorce case against me. I have kid also. what to do now.??  Please suggest me in this scenario. My lawyer telling me that if i take maintenance i must give divorce is that so?? How can judge order like that. I am not interest to give divorce can this be possible. I have not done mistake from my side why should i suffer because of my husbands fault.

Please do reply.....



Learning

 21 Replies


(Guest)
@ Shweeta you appear to be educated. WHAT is CASE " 'they need wife' like that" ? If you have filed maintenance - contest with your facts and supporting documents. If your fighting DV - contest with facts. If you have NOT harmed your husband or did any cruelty to him - think logically no one can force you take divorce from him. Contest this case with your facts. Request in court for counselling with your husband.

(Guest)

Even if you dont want to give divorce, your husband can get divorce, in law there is equal opportunity for both male and female who are married to seek divorce and get it.  As you already have child from marriage, for sake of child go live with husband the way he wants u to be with him or else child become fatherless, and you will be left with one maintenance order for yourself and also the child, which of course has no gaurantee till how long he will pay or wont pay.  There is alwats chance for you to go for attachment of property of your husband in case he does not pay you maintenance.


(Guest)
I don't know your facts - but if you have NOT cause any cruelty to your husband - than don't worry! There is no law anywhere in the world which can force you take Divorce without proving that you have done cruelty or any reason behind it! Read it yourself - Law is in English and does not require any Maths or Science to understand. Remember Law is made to support you or your husband and NOT to IMPOSE another cruelty to you. If you don't believe in this - in your 1st hearing of Divorce petition clarify itself there in presence of Judge. When you have not done anything wrong on what basis is your husband asking divorce? The world and society will only blame you - because your a women and mother of your husband child. If still you are being forced to take divorce without any valid reason - Report your incident to Human Rights. But request in court for counselling with your husband and as said compromise on few things to live a happy life with your husband. Staying together one day husband will support you also.

fighting back (exec)     21 April 2016

My husband sent divorce and i am not interest to give divorce to him.

it is not about who is interested or who is not interested in giving divorce, the law has given opportunity to either of them to present their case for divorce, and whosoever proves his or her points, will be granted divorce on the grounds taken. so interest doesnt matter.

I will brief my story here... I was married and living with family and in-laws. But they are cruel and behave wrong and they never treat me well. Lot of complications and no support from husband

if they have been so cruel to you and behaved wrongly, and never treated you well. and a no n supportive husband, why and for what reason do you not want to give divorce? you have no where mentioned that you are interested in living with him under one roof again,

also. I was with mom's house

why did you stay at moms house, if you didnt want to give divorce. do you want to live separate also. and also dont want divorce?

and  in mean time they filed case like 'they need wife' like that. I asked to come live separate or maintenance.

He withdrawn case 

'they need wife' means what?? and which case did he withdraw??

 

so i put up DV act.

you dont want divorce and yet you filed DV?? what are the charges that you put in DV??

Now he filed divorce case against me. I have kid also. what to do now.??

you have already done what you not ought to do. you have lived separately, filed for maintainence, then filed for DV, then you also dont want divorce

 Please suggest me in this scenario. My lawyer telling me that if i take maintenance i must give divorce is that so?? How can judge order like that.

you have to prove whatever you have claimed in your DV and maintainence petititon. if if does not get proved, you husband will easily get divorce. on grounds of filing false case

I am not interest to give divorce can this be possible. I have not done mistake from my side why should i suffer because of my husbands fault.

Please do reply.....

shwetha   21 April 2016

Actually i want him to come and live separately . He always listens there parents and his siter words.He dont take any decision by himself. I have to be live like slave in their house. So i want to come out from that scenario and want to lead life.They always torture me and create panchayat in home with topics by telling silly stuff with others. Mother-in-law and father-in-laws always telling me to just sign it from stamp paper and get out from there house like that. Everyone is against me and i cant fight with them bcz no support am having. I was mentally and physically completely stressed and i was conceived on that time.

They commited cruelty against me and not  letting husband to go outside and live. He always listen their words. Can i ask judge to live separately. Or can't judge suggest like that? 

@B.pineapple sir even if we dont agree also they issue na.?? I have seen in media they are telling like this what happens then?

@ Aman sir am staying away bcz there family members are not good.I can't bear them. They are very much ego n vulger people. My husband dont come to my parents house bcz they scold him.

Please suggest me further to take steps and thanks for reply.

 

Hiren Gohel   21 April 2016

Shwetha, you seem to be a greedy lady. If you're really suffering because of ur husband and in laws, then what is the reason you don't want to give divorce to ur husband..? Rather a lady who is not well treated by her husband and in laws would upfront ask for the divorce and get rid off them as soon as possible. I am sure you're not showing the correct picture or you're hiding something. I Have experienced this thing already in my life. And I have seen numerous ladies who always lies and they're greedy too.

Hiren Gohel   21 April 2016

A lady who really don't want divorce will never file a Complaint and wrong charges on her husband and in laws. Here, you've already started the war. So now wait and watch. And get ready to get more suffering because you've also lost your dignity and respect in your husband's eyes. I am sure your husband and ur in laws have started visiting court as you've filed the Complaint against them. And they would have also made up their minds that come what may but they'll never forgive you.

Hiren Gohel   21 April 2016

Why your husband should live separately with you? What will be his life's guarantee and his safety? I have seen many incidents where if couples are living separately, either of the partner gets into extramarital relationship and start threatening other partner's life. This is not personally against you. But there will be no guarantee of your safety too.

(Guest)
@ Shweeta ...I am female. Your reason appears a bit illusive & that's reason why @Hiren and @fighting back commented against you. But agree with certain points Be honest & respect others (especially elders)even if they are bad. "am staying away bcz there family members are not good.I can't bear them. They are very much ego n vulger people. My husband dont come to my parents house bcz they scold him" - Sorry but THIS ATTITUDE is PATHETIC ! If there is no Domestic Violence on you or your child, you will face great difficulties in contesting. File application in DV case for request for mediation with your husband. For God sake think for the future of the CHILD! In Divorce case/DV - contest it and justify the reason for why you want to stay separate from in-laws. However husband cannot be forced to stay with you and away from his parents. If educated - take up a job & fight with facts! Take legal advice from lawyer in person meeting.

shwetha   21 April 2016

Hey, I dont know about the other ladies what they have committed. there is nothing to hide . Why am posting here is to get better solution what to do next by thinking my kid future only. I am totaly get confused by the replies. Instead of suffering from in-laws why can't we live in separate. You people are telling what ever the case leave together there only or give divorce?

WHat about my situation. Please consider what am telling is true... I could have filed lot of cases ,but thinking that relationship will destroy i kept quiet .  Its all what they are playing... y innocent should suffer.

 

Born Fighter (xxx)     21 April 2016

Shwetaji, if you want to live with ur husband u should win his heart , You are trying to CONTROL him by filing DV Case.

 

When a lady files a false DV / 498A case the result in majority of the cases is DIVORCE.

You have done enough damage to urself and must be thinking that ur husband will surrender.....but chances are very dim.

Also when u blame ur husband and inlaws for everything and declare that u were at NO Fault, then only god can create a situation where your husband will accept you even after dragging him to court.

Wake up and please do some introspection and take steps to stop further damage if u really want to reconcile with ur husband. Courts are places where divorces take place , ghar ke char diwaro ke andar rishtey panapte hai aur majbooth hotey hai !!

MOTHI LAAL (Manager)     21 April 2016

Try to add value to the discussion, with your each post.


(Guest)

One has to understand value of everything when it is there. There is no point in making anyone understand anything, all should come from inside, not forcible.

 

Better take divorce under mutual and be happy.  Afterall everyone deserves to be happy isnt it?


(Guest)
@ Don ... Yes everyone has right to be Happy ! So does a child & the Mother ! A child needs both Father & Mother - Divorce is never a solution until unless there is severe cruelty among couples.

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