Legal Question in Family Law in India

Fight divorce

I got married 2.5 yrs back and had to leave my in-law house due to maltreatment in jan 2007 by hubby then filed a conjugal rights case and i went bk in sep 2007 to my in-laws. at that time a case was filed by me against my mom in-law in women commission . afetr 5-6 months she again maltreated me and refused to take me bk . we had a heated argument in women commission. now my husband has filed divorce. case of women cell is pending and they r asking me lodge an FIR..waht shud i do?i dont want to ruin my marriage? can my husband get a divorce if i am not interested in it.


Asked on 1/26/09, 1:27 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Fight divorce

You may better go ahead with lodging of FIR and pursue the criminal case.

However, if you get suitable terms as to alimony etc., you may consider divorce by mutual consent.

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Answered on 1/26/09, 4:48 pm
Prakash Yedhula Judis Associates

Re: Fight divorce

Divorce can be granted only on certain grounds enunciated under the respective personal laws. However since there is an order for restitution for conjugal rights is already in your favour, you can file an execution petition in the same either for arrest of your husband or for attachment of his properties.

A fresh police case is not necessary.

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Answered on 1/26/09, 1:31 pm


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