Anuj 09 October 2017

13a divorce case proof

My wife filled 13A divorce case on me on mental and physical violence ground, which are false. Hence, I have told original things through written response on all allegations.

Now judge has given to prove total 4 points such as mental and physical violence, why this marriage will not be not continue etc…

Besides, judge gave me to prove one point such as my wife deserted me… it’s true and I have a sufficient evidence to prove it.

Now, my wife has stopped to appear hearings.

In this situation I have following questions…

Even though my wife is not able to submit evidence.. in this situation shall I submit evidence for the dissertation point, which I have to prove? Or shall I wait till my wife submit against me or judge give any decision?

I don’t want to dismiss this case. I want to prove in court that she is wrong and she filled wrong case on me.

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8 Replies

Siddharth Srivastava (Advocate) 09 October 2017

In such case no party is required to appear on each date of hearing, It is a civil case. If noone appears in the case from either party then court can pass appropriate order ordering dismissal of the case or exparte proceeding. You will have the opportunity to disprove the allegation in cross-examination.

Vijay Raj Mahajan (Advocate) 10 October 2017

This petition for divorce was filled by your wife and if she stops to appear and even her advocate not appearing, the family court shall dismiss the petition rather hearing your part of the case, for your part file divorce petition against your wife or if you want to restor conjugal relationship with her file for RCR i.e. Restitution of Conjugal Rights against her.

Adv Radhika Mehta (Advocate) 10 October 2017

If the Judge has framed an issue as to whether your wife has deserted you, you must have filed a counter-claim for Divorce on the ground of Desertion. If that is the case, then your counter-claim will continue even if your wife does not appear and her Petitioner is dismissed on account of her non-appearance.

P. Venu (Advocate) 10 October 2017

Yes, it is for the wife to pursue her case and prove her averments.

Anuj 10 October 2017

Dear Vijay,

Thanks for your response.

It means I don’t take any action until my wife submit any thing? I have already filled RCR.

Vijay Raj Mahajan (Advocate) 10 October 2017

Good your RCR continues where you give evidence about her desertion and exactly RCR is based on her desertion only.

Anuj 10 October 2017

Dear Radhika,

Thanks for your response.

I don’t want divorce whether my wife will join me or not. My objective is to win this Divorce case and prove that she filled wrong allegation in 13A case. What shall I do?