Legal Question in Family Law in India

Hi mansi

What went wrong???? If he or his relatives have been harrassing you for dowry, then file a complaint against them in Crimes against women cell under section 498A of IPC and recover your dowry and expenses ....get a FIR registered then he would come to terms - file a divorce by mutual consent and then give consent to the court for quashing of the FIR only after receiving the dowry articles and alimony back This is indeed a harsh way but....or else let us know the exact reasons for separation

Best regards,

i think the best way would be to go for divorce by mutual consent. you may try to convince your husband by intervention of elders of home and file a petition for settling the matter amicably. the other route i.e. criminal complaints etc is a long battle and your query does not suggest any cruelty on the part of your husband and his family. in case he does not agree for divorce, you may file a petition for divorce on fault grounds and for that you may see a lawyer.

Depending your over-all situation, you may file a divorce petition under Hindu Marriage Act.

Mutual Consent Divorce is the best option, but since he does not agree, there are ways to force him to come to terms- as suggested FIR for dowry- Maintenance Application is mild method- in my opinion threat is enough to make him understand the consequences of refusal. He will bend. Sometimes threat works more than the actual ordeal of litigation.

I am in disagreement having read your question. Since after 8-9 months of your marriage you seperated already for about a year and further that he is adamant in not signing the divorce paper - that is - he is not in agreement for mutual consent.

So every thing rest on your shoulders. First, decide if you really really want to go for divorce. If so, Hindu Marriage Act specifies grounds of divorce including cruelty, desertion etc. In your case desertion is ruled out. Your only option is to file divorce on the grounds of cruelty which would depend upon the interse events leading to cruelty.

There is no point cooking facts. Please do not make a decision in haste. It is a question of your life. If there are issues which could be sorted out please try doing it. In order to save your marriage you may also see a government appointed mediator for pre litigation mediation.

Unless and until if not any justifiable cause for getting divorce on your side , do not go for divorce. Because, your husband may be in good character. otherwise, as a male, he might have agreed for the divorce. Please do not make a decision in haste. haste is always waste. It is a question of your life. If there are issues which could be sorted out please try doing it. In order to save your marriage you may also see a government appointed mediator for pre litigation mediation.