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queenofmyworld (HR)     17 November 2013

Please suggest to reject divorce case filed by my husband

My husband has applied for divorce which i cannot accept it. I cannot break our marriage.
 
We were married in June-2011, i have stayed at my in laws house only one and a half month and my husband filed divorce case in 2012.
 
For which i have applied transfer petition in Supreme Court and got the case transferred to my home town.
 
He is basically good but due to his family members, he is changed totally and finally came to a situation to leave me.
 

Please suggest me on how best i can reject this divorce case and start a new life with him



Learning

 6 Replies

fighting back (exec)     18 November 2013

what was the reason he filed for divorce, on what grounds?

why did you live with your inlaws for only one and  a half month?

what makes you think that He is basically good but due to his family members, he is changed totally and finally came to a situation to leave me.

are you one of those typical ' i - want - to -live-separate' type of women, who try to break the traditional family system and setup a nuclear family?

you have presented with only one side of the story, what was your fault in the whole tale? be honest, to get correct replies.

See, even if his divorce gets rejected anyways, a person who files for divorce has already driven away the spouse, emotionally and mentally away from him, so no peice of paper and no law of land can make any person to stay forcefully with the other, there is no such existent law.

so, no matter how hard you try, if the person has made up his or her mind, even the law cannot force him or her to cohabit with the other partner, only thing then remains is the compensation, which will be apporpriately decided by the court. so take compensation and start a new lfie

Dev (xxx)     18 November 2013

A very perfect reply given by "Fighting back".


(Guest)

Simplest way to not get divorced is. Dont file for divorce. Now that in your case your husband has already filed for divorce. How to prevent from divorce happening is.. Convince your husband to withdraw divorce petition. That dear is the only way not to get divorced in your case. Rest litigation is a waste of time. My advice would be, Nobody can force your husband to accept you back. No court can do it. No law under the sky can do it. Once when a spouse has decided to go for divorce, the decision making of going for divorce its not happnd in a day or two.  It is a well thought decision.

Its better to part ways via MCD than to roam to court halls for the rest of your youth.


Try to remember this if there is a second chance at life for you.  ie if you happen to get married again.  or reunite again.  Think very carefully about what you say and do, as once glass breaks, it cannot be joined together again.

T. Kalaiselvan, Advocate (Advocate)     20 November 2013

If you do not want to give divorce to your husband, fight the case as fiercely as possible, you can win the case by getting it dismissed but remember that you cannot restore him to you because he has already dismissed you away from him mentally so you cannot win over him to make him live with you in a married relationship any more due to change in circumstances.  You can draw the horse upto the pond but cannot make it to drink water. Think about what can be done next and act wisely.

Raj (Engineer)     25 November 2013

As already few above well said: "Divorce is a well thought decision. Emotionally and mentally he has already moved you out of his life."

Above all court's and laws there is something called divine bond which comes from real trust and understanding which needs to be truly earned.

Its because once a person applies divorce, you cannot continue longer unless some miracle happens in their hearts.

If you have done some real mistake or troubled him, then really confess to him if possible even through writing.

Try to have a discussion with him/his parents through a good mediator because he may not like to talk to you.

If that does not work, do not delay, Just go for a mutual consent divorce so that you both can start your own new life.

 

 

 

 

veedu (-)     20 June 2017

Hi,

Sorry for replying very very late. There is a very good supreme court judgment Prakash kumar Bachlaus vs Chanchal alias jaya case. https://www.legalcrystal.com/case/756452/prakash-kumar-bachlaus-vs-smt-chanchal-jaya. I posted a link of this judgment from indiakannoon but strangely this judgment's link alone is down(!!!????!!). Probably work of some meninist. this is the link to the same judgment https://www.legalcrystal.com/case/756452/prakash-kumar-bachlaus-vs-smt-chanchal-jaya in another site. I pray god that as many woman need to read this judgment before another meninist takes down this link.

Try to get such order quoting similiar judgments. 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=40785

https://indiankanoon.org/doc/1430929/

https://indiankanoon.org/doc/34756727/

https://www.youthkiawaaz.com/2012/05/marriages-are-made-in-heaven-but-broken-in-court/

There is one other good judgment which will turn all the meninists pink. I am suddenly not getting the link to that judgment for reasons best known to meninists. The case goes like this - husband guy states generic cruelty against innocent wife.. blah blah blah but wife counters and destroys his allegations. then frustrated MRA husband says the generic tag line of MRAs that once the husband doesnt like the wife then no use to keep the marriage alive as the husband no longer interested in matrimonial ties blah blah and has fallen out of love with wife etc etc Court smashed the husband fellow's case stating that men falling out of love or falling in love is not court's concern and court has no jurisdiction to entertain such cases. 

Which means if your husband cannot hold on to one woman and keeps changing his mind and love then he cannot use courts to help him do his  manmani. Its upto him tobang his head to comeout with a way to abandon his wife.Nevertheless, if you know where that so called husband fellow of yours resides, then go and piggy ride on his back. he cannot push you down and if he does you file criminal case on him. Its your husband and you have all rights to love him no matter how much criminal he is. No one has right to poke their nose in that aspect but only to give you legal direction. That is all this forum is about. Never mind those people who are interfering in your deep personal matters of why you love a person or whether you really love him. these things are none of our business and  its upto you to decide upon it. 


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