Contested divorce under sec 13 ia
Akhil
(Querist) 10 October 2015
This query is : Resolved
My wife has filed a divorce case against me under Sec 13 ia in a Family court, after living separately from me for more than a year. The allegations levelled against me & my family are 100% false and fabricated. I decided to contest this case sincerely as I do not accept any of those allegations. I have appeared in the court and have given my WS. My wife has expressed that she wants divorce at any cost in the quickest manner. I am being repeatedly advised & pressurized against contesting this case and instead agree for a MCD. Their proposed terms for MCD are not acceptable to me. I did experience a certain amount of bias in the system in way I was treated so far.
I understand that I cannot hold any person against her will and nor do I intend to do so. But I did nothing wrong from my side & want to contest this as a matter of principle, since I was cheated by this girl and her family (it was an arranged marriage). At the moment, I do not have any other case against me.
I am looking for some honest suggestions.
Laxmi Kant Joshi
(Expert) 10 October 2015
If they had proposed you for mcd it means they are in hurry to marry her daughter, you had taken a right step by not accepting their terms and conditions for mcd, tell them you will give her divorce but through contested divorce, then they will come down to you then negotiate the terms with them and get mcd on your terms, if they didn't bent then collect the evidences and go for contested divorce .
Akhil
(Querist) 11 October 2015
Thank you sir.
Can I appeal the high court to transfer this case to a different bench, as I am apprehensive that I would not get a fair trial here? Is it advisable to do so at this stage?
Rajendra K Goyal
(Expert) 11 October 2015
If you do not want to accept their terms, no body can force you. Wait till acceptable terms of MCD are offered from other side.
P. Venu
(Expert) 11 October 2015
Anyone, the Court included, cannot compel for a compromise against your will. Stand firm but polite. There is no need to rush to the High Court at this stage.
Dr J C Vashista
(Expert) 11 October 2015
Well advised by experts, you cannot be compelled to bow down to their terms for MCD, rather you can turn the tables as you wish.
Contest the false case(s) vigorously, which have unnecessarily been slapped upon you.
Akhil
(Querist) 12 October 2015
Thanks everyone for your valuable suggestions.
I have one additional query. Both myself and wife are residing in the same city where we are both employed. But this case was deliberately filed in our hometown where the marriage was solemnized.
Can I file a transfer petition before the Supreme Court (if the need arises) to transfer this case to our workplace, as -
i) she last resided together with me in this city.
ii) she is still residing here after separation because of her employment.
iii) all alleged cause of action arose here.
What will be my chance of success in such an appeal?
V R SHROFF
(Expert) 03 November 2015
YOU CAN FILE TRANSFER PETITION IN SUPREME COURT.
YOU CAN BUY TIME, AS PROCEEDINGS WILL STAY .
HOWEVER, IN MY OPINION, ONCE WIFE DEMAND DIVORCE, HOW WILL YOU HOPE A HAPPY MARRIED LIFE IN FUTURE??
IT IS USELESS TO CONTINUE SUCH RELATIONSHIP AND WASTE YOUR GOLDEN YEAR,
TIME IS IMP.
