Divorce - My law and my family had argument
2 months ago
I married on 30 Jan 2023 and me& husband together for 8 month . My law and my family had argument on 4 June’23 has my dad gifted scorpio as dowry he parked that car at my home without informing my parents . On 3rd sep my mother in law has filled complaint in SDM Office against me and my husband to vacant the property has property owned by my mother in law .my husband put audio recording device in our bedroom to record all the conversation regarding the fight my discussion with parents .on 9 th oct me and husband had fight he left to alone home in anxiety I consume lizol and 10 th oct I infact apologise to my husband and his family member but I’m sorry I will not repeated same thing again .
On 10 th oct ‘23 my husband left me own at my in-law and staying leaving separately on rent . I multiple time try to contact him but he never answer phone . I got divorce notice on 10 th feb ‘24. I registered complaint in
caw cell regarding dowry and harassment .
I want to save this marriage .
Question :-
Do discussion with my mother regarding the problem with my husband and in-law .. I use word like Buddha buddhi mera pati ko ulta bolta hai mera liye ghar se nikalna chahte and all come under cruelty.
I consume lizol as I got stress out next I apologise to my husband his family come under cruelty.
Is these allegation are serious matter on divorce as we fight cz his family member wants us to leave matrimonial house and asking me to take loan and my husband was not ready to have kid .
How can I comply my husband to stay . We together only 8 months and from 4 months he is not staying with me
Under Section 9 of the Hindu Marriage Act, either spouse can file a petition for the Restitution of Conjugal Rights (RCR) in a district court if they have been deserted without reasonable cause. After withdrawing the RCR case, the offended spouse can file for divorce one year later, stating that the other party agreed to divorce. Waiting for a year is necessary, even if the offended spouse rejects the restitution of conjugal rights decree. In this situation, it is advised to file a petition under Section 9 of the HMA in the district court. Seeking guidance from a skilled divorce lawyer is recommended before initiating a contested divorce petition under Section 13 of the Act.
Under section 9 of the Hindu Marriage Act, any aggrieved spouse can file a petition before a district court for the Restitution of Conjugal Rights(RCR). This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. You can file a divorce case after completion of one year after withdrawal of the RCR case. You must withdraw the RCR case saying that your husband agreed that he is ready for divorce. The offended spouse must wait for a year even if he rejects the decree of restitution of conjugal rights. So, in the given scenario, you need to file a petition u/s.9 of HMA before the district court, for restitution of conjugal rights. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition under Sec.13 of the Act.
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