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Author Topic: Filing for divorce by one party  (Read 691 times)

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Offline sj.sj005@gmail.com

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Filing for divorce by one party
« on: October 20, 2015, 09:39:06 PM »
I have come to my parents after being physically and mentally tortured by husband and in-laws. They ask me to leave them everytime and ask for divorce. They say they made a mistake marrying me and want me to leave them. During marriage they made false promises and after marriage they directly-indirectly demand dowry and always insult me and my parents, beat me up, abuse me and drags me out of their house. My MIL and husband threatens me to make false police complaint. I don't wish to file any case against their misdeeds as I want this marriage to work. They ask me to come back otherwise they file case under section 9. I don't wish to go back to them as I feel risk to my life and well being. But I don't want to leave them either. They think doing marriage and breaking marriage is not a big deal and they will find another girl. My MIL says to my husband that he is not short of proposals and always find a girl to marry. My husband is not good to me. He says what his mother says and doesn't leave a single chance to misbehave with me.

I wish to ask whether denying to come back to my husband under sec.9 can be a reason to file divorce by him? Can he alone take divorce? What can he do to end this marriage? I don't wish to give divorce neither do I want to go back to them under present circumstances. If they think they can do as many marriages as they want and ruin as many girls as they wish, I don't want that to happen.

Offline adv.amarnath

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Re: Filing for divorce by one party
« Reply #1 on: October 22, 2015, 07:16:45 AM »
If you would have made a mistake if you have not contested the matrimonial suit under Section Section 9. If he already got a decree and judgement under that section 9 and you have not comply the order then he has every rights to file a divorce petition after one year to get rid of you.

You must file a Petition under Order 9 Rule 13 of the CPC to rehear the Section 9 petition. May be some cost will be impose upon you which is totally discretion of court but you must file it. Further you must file a Maintenance Case under Section 125 of Cr. P.C.

If you need any further clarification and consultation in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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