I am 29 yrs old and has completed 2 yrs of marriage this year in feb.I am 6 months pregnant and currently residing at my parents home due to small dispute with my husband.Since beginning of our marriage my husband kept threatning me for divorce even on small disputes.He and his family stopped all contacts with me since then.The latest he threatened me to send a legal notice this month neglecting the fact that i am pregnant.I am deeply hurt and disturbed by his behaviour and living in constant stress over this whole situation.I dont want to spoil my marriage and dont want to divorce him.kindly suggest what should i do if he sends me notice for real.He has collected our fights over whatsapp chats as proof as evidence . Request your assistance
A.First concentrate on baby than notice.
now baby on the way then let it come happily and maybe everything will be good.
if notice comes then wait for court to send papers.
then you can go and ask for counselling through court.
else you call mahila thana and they will give counselling to both of you.
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Sidhaarth
Responded 2 years ago
A.Note one point that unless you agree, your husband cannot obtain divorce but you have to counter the case properly. You are entitled to maintenance, residence and also delivery charges etc from husband. Donot take stress in such crucial time and pregnancy. Marriage can survive only by the effort of both husband and wife. So there cannot be anything one sided. Sent proper reply to the notice under guidance of a competent lawyer. Go strategically.
A.If he sends you a legal notice then you file a case of restitution of conjugal rights under Section 9 of Hindu Marriage Act and also file a case for maintenance under Section 125 of CrPC for maintenance.
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Vaidehi Samant
Responded 2 years ago
A.If your husband sends you a legal notice you can reply the same through your lawyer and present your side. However do not worry as obtaining divorce is not so easy and takes years except in the cases where divorce is filed by mutual consent and also you in order to preserve your marriage have an option of filing Petition for Restitution of Conjugal Rights before the same Court where your husband if in case files divorce and also Courts consider the say of both the parties before giving final decision/order and still if any side is not satisfied with the same they have time of upto 90 days to file appeal in the superior Court against the decision of the lower Court.
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A.you complaint in women police station they will organise the counselling session to you both
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
You are advisable to refer your case to mediation if he files a divorce case against you. Before that you can also send him a legal notice to start living together as under section 9 HMA of restitution of conjugal rights and can file a petition for this.
If you find it helpful, please rate my answer. Thank You
A.Hi,
You can send him a legal notice under section 9 of HMA for restitution of conjugal rights. If he doesn't comply with notice you can file a petition for same and can also refer your case to mediation.
If you find it helpful, please rate my answer. Thank You
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