Divorce
3 years ago
in 2018 i got married it was never a happy marriage but i tried my level best to make things work out. Then i got pregnant my in-laws and husband want me to go for sex determination because they want boy i denied. after nine month i gave birth to a girl my all in-laws family was unhappy with baby girl treat her in very bad manner still i was staying there and taking care of my baby.one day my husband left the house with all my jewelry and told me that he is not going to pay the rent and other expenses and start staying with their parents in hometown hardoi. i need some sort of support for my baby so i came to my parents house from that day he blocked me never called me. through his brother i came to know that he is filing a divorce so he can re-marriage and have son. we are staying not staying together from 6 months. i don't want to give divorce to him as he spoiled my and my daughter life. can he take the divorce on this ground that we are not living together
Sukhvinder Kaur
Responded 3 years ago
Ankur Goel @ Complete Law Shield
Responded 3 years ago
First you have to file police complaint for your jewellery and dowry, domestic violence case along with maintenance.
whatever you want to try but you can not force him to come back and live with you. so marriage is alread finished. all you can do is to delay the divorce so he can not remarry and damage someone else life.
Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice and final advice can be given only after going through your case in detail .
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1.The other spouse has withdrawn from the society of the petitioner.
2.There is no reasonable excuse for such withdrawal.
3.The court satisfied as to the truth of the statements made in the petition.
4.No legal grounds exist for refusing the decree.
If you don't want divorce, then you can file a case for restitution of conjugal rights under Section 9 of Hindu marriage act 1955.
If either party to a marriage withdraws from the society of the other without reasonable cause, the aggrieved party has a right to file a petition claiming relief for restitution of conjugal rights. The court will grant the relief if there is no legal bar to such decree.
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