Personal presence

Guest (Querist) 17 March 2013 This query is : Resolved
A wife files a divorce petition levelling certain allegations against her husband. In response, the husband denies her allegations but states that he is also not interested to live with her and prays the court through his advocate to accede the prayer of wife. In this case please advise:

1. Will husband have to personally attend the court?

2. Will prayer of wife be acceded to by the Court without calling the husband.

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prabhakar singh (Expert) 17 March 2013
1.No.

2.Court may ask wife to further prove her allegations.

Court shall not insist presence of husband.It would be wish of husband whether to attend further proceedings or not.

Guest (Querist) 17 March 2013
In such case will there be need for wife to prove allegations as she is only claiming divorce and no compensation and husband has prayed the court to accede prayer of wife.

prabhakar singh (Expert) 17 March 2013
Although facts admitted need not be proved is a general rule but a court can in it's right still ask a plaintiff to discharge his/her "burden initially cast on by law".

Arvind Singh Chauhan (Expert) 17 March 2013
If she is not seeking relief of alimony or palimony and seeking only divorce and husband also want to get rid of her. It is better to be absent from proceeding and let it be exparte.

ajay sethi (Expert) 17 March 2013
have pettion converted to divorce by mutual consent .

R.K Nanda (Expert) 17 March 2013
agree with experts.

Nadeem Qureshi (Expert) 17 March 2013
agree with experts, nothing left to add

Raj Kumar Makkad (Expert) 17 March 2013
The advice of Arvind is perfect in the given facts if nothing is to be disturbed in the ongoing litigation. Wife may change her mind for MCD after withdrawal of the present petition so let her provide a full chance without resistance to present petition. Don't attend the court either in person or through your lawyer and let her petition be decreed ex-parte as both of you desire the same thing.

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