What are the legal rights of a wife once she is served the divorce petiton by the hus

panda2014 · Feb 15, 2014

band?

Both the husband and wife agreed on mutual divorce but now all of a sudden the wife is receiving a divorce petition citing mental cruelty. Why the husband is playing such a mind game? Will he have any upperhand legally by doing so? Please guide.

varah · Feb 18, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

did you seek any permanent alimony from him by agreeing to mutual consent ?

panda2014 · Feb 18, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

Nope I did not.

Wondergirl137 · Feb 18, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

I think you should consult a lawyer if you have not done already. Any lawyer would have suggested alimony during mutual consent.
Sending divorce notice on mental cruelty ground could be for pressurizing. However, if he is the one who has filed on mental cruelty, then he has to prove it in court.
Suggest to engage a lawyer.

sweety17 · Feb 18, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

Suddenly why has the husband filed a separate divorce petition? To analyze your query i think we need more info. What you have provided does not provide any details.My questions:

1. Have you back tracked? i mean after agreeing for mutual divorce did you change your mind(more than at least once)?
2. Have you booked your husband/his family on any other cases - like DVC/498 etc??

No offense dear OP, but am trying to understand why the husband suddenly decided to file a separate petition when you had already agreed for mutual consent and that too on grounds of cruelty. If he has taken such a step it definitely means he is getting pressurized by you which is mounting to cruelty.

Anyways just consult your lawyer!! If you have done any of the above, sure the husband has an advantage. Take care...

panda2014 · Feb 19, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

No wife never pressurized him in any way . It is he only who demanded the divorce and told that mutual will be the best way to go and easy to settle quickly . Wife never filed any criminal case against him . Totally confused . Does he gain to stand financially in any way or he just wants to drag the divorce process... ? Is he pressurizing wife ? I f so why ?

sweety17 · Feb 19, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

Well dear, whether husband gains financially depends on a lot of factors:
1. Do you have a child?
2. Is the wife working?[Government/Private]
3. Does the wife have any property in her name?

I am still not able to understand why the husband suddenly decided on his own to file a separate divorce petition on cruelty grounds.If we can understand that then we will be able to say if the husband is trying to pressurize the wife, drag the divorce process etc..

ivlakshmi · Feb 19, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

Hi,
Did you file the petition with husband for mutual consent and he send you mental cruelty after that - if this is the case then you can prove in court that he is lying.
If its not like you both agreed to file mutual consent and he is not ready to give then you can run this case differently. You can immediately file a maintenance case where in you will receive monthly alimony as you are not interested in divorce. Seems like he is simply threatening you to extract money from you. Be strong and let him pay for it.

panda2014 · Feb 20, 2014

Re: What are the legal rights of a wife once she is served the divorce petiton by the

@ Sweety 17

Wife is not working and there r no kids . No property dispute involved. Hope this helps.

@IVlakshmi

We planned for a mutual divorce . No petition for mutual was filed .Now the wife get petition for cruelty . How much maintainence can the wife claim ? How can husband extract money from wife ? Please elaborate.