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My husband has sent me a divorce notice, How to solve this? My husband has sent me a divorce notice, How to solve this?

2 years ago

I married in 2013, have 6 years old kid, my husband left me and kid and staying in separate house from last 4 years. He dint even share his current address. He is not taking care of my kid's maintenance from last 5 years.All of sudden he sent divorce notice saying that I denied to stay with him so. I don't want to go for divorce, am ready top stay with my husband. My in laws asked me to hand over all my properties five years back.when I said no they me and my husband separated. I need suggestion how can I solve this issue.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
You have to share all the details and get drafted a strong reply notice and in the meanwhile you can file multiple cases against him like maintenance and domestic violence so that he can prevented from filing such divorce case.

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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary on your part to give immediate reply to that legal notice specifying that it is your husband who deserted his wife and child 4 years ago and due to non-availability of his current address, you were unable to apply for the Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act,1955, as amended up to date, as well as to claim maintenance from your husband for you as well as for your kid u/s 125 of the Code of Criminal Procedure,1973,as amended up to date.

If even after that your husband files Matrimonial Suit against you, then you through your Written Statement will be entitled to place the truth before the Court and the Court will give both of you reasonable time for the reconciliation specially when both of you have a child.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.Send him a response of the legal notice through a lawyer wherein you state your side of the story and claims. Later if you want you can file Restitution of Conjugal Rights petition in the Court in case your husband still files a divorce case and you can also file petition for maintenance under section125 of CrPC if your husband has not provided any money for your and your child's upkeep and wellbeing during these years. Thank you.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can seek mutual divorce or file a claim for restoration of marital rights. It is entirely up to you; nevertheless, you should exercise caution before making a decision, and you should consider your children's custody.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
You can file a suit for restitution of conjugal rights or seek mutual divorce. It is up to you, you should be careful before making a proper choice and should consider the custody of your kids.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap aapas me bethkar apne married life ko suljha sakte hai. And suljhane ka paryash bhi aapko karna chahiye.
Aap divorce notice ka strongly opposed kare or saari baate usme likhe.
Kisi advocate ko apne case ke liye niyukt kare jo aap ko legal help sahi parkar se kar sake.
Aap log mediation ke liye bhi jaa sakte hai. Aap ko mahila police help line me apni complaint karni hogi vo bhi aap ka dispute solved karne ka paryash karte hai.
Agar sabhi paryash aap ke vifal ho jaate hai. Tab aap ko apne husband ke khilaf legal steps lena hoga..
Aap criminal proceedings kar sakte hai apne husband ke khilaf.
Aap maintenance ke liye jaa sakte hai. Apne or children ke liye.
Aap section 9 hindu marriage act ke antargat conjugal rights ka case file kar sakte hai apne husband ke khilaf.
AAP ko kai vakalp hai jiske liye aap apne husband ke khilaf paryog kar sakte hai.
But sabse pahle aap ko apni married life ko surakshit rakhne ka paryash karna chahiye.
And children ka future ko surakshit karna hoga.
Legal steps sab aap baat me le sakte hai.


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