Legal Question in Family Law in India
Divorce can be forced by other party
My In-laws [including sister-in-law]tortured me emotinally,socially & physically & financially frm very first day aftr marriage.They have alleged tht I call my hubby in his office 60-70 times in a day to talk to him & DISTURB him.[Dnt I hv the right to call my hubby in office hrs,wn I m not allowed to talk to him when he cms back at home at night..?]
Still I dnt want to give divorce to my husband cs I dnt want to get him free for second marriage & gv myself the patch of divorcee.
Can HUSBAND force me to give divorce to him.If yes,How can I get maintainence from him.?
If No,How can I defend myself..?
m unemployed rite nw.He is earning 3Lc/Anm
3 Answers from Attorneys
Re: Divorce can be forced by other party
No, the husband cannot force a divorce on you;
You may be entitled to a separate /shared residence with sufficient maintenance allowance without divorce also;
you are also entitled to initiate criminal proceedings against your in-laws who committed cruelty against you. Your husband may also be guilty of cruelty for having sided with his relatives.
You may consider separate living without divorce and initiate action against your husband and his relatives.
Re: Divorce can be forced by other party
He cannnot force you. instead you can file maintenance. Provide your detail.
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Re: Divorce can be forced by other party
in case you do not want to divorce him, he will not get the same easily. you can claim maintenance by filing a maintenance petition u/s 18 and for that you need to hire a lawyer.