Can husband file for divorce if wife's divorce petition get dismissed on merits?
mrgop
(Querist) 30 December 2012
This query is : Resolved
If the divorce petition filed by wife on ground of impotency and mental cruelty get dismissed after trial by court on merits, can husband file for divorce on mental cruelty submitting the previous divorce decree against wife as an evidence?
If yes, do husband have to prove anything except submitting the details of previous divorce petition filed by wife and its order against her?
mrgop
(Querist) 30 December 2012
Sir, what made you think this is an academic query? I'm contesting her divorce petition and also filed RCR, and both are in evidence stage. I'm waiting for order on my IA for my potency test. Now, I plan to withdraw RCR and contest divorce petition only, and later file for divorce once i get her divorce petition dismissed. My query comes from this context.
Nadeem Qureshi
(Expert) 30 December 2012
Dear Querist
no need to file or prove any thing, you should filed certified copies of all the documents of Divorce case which has been dismissed filed by wife alongwith the Relevant Judgment of HC and SC.
feel Free to Call
mrgop
(Querist) 30 December 2012
Thanks. Can I file for divorce on ground of mental cruelty if she could not win her divorce case? What you mean by relevant judgments of HC and SC in this case? Is there any judgments giving right to the respondent to file divorce on mental cruelty if petitioner failed to prove his/her allegations?
Devajyoti Barman
(Expert) 30 December 2012
The previous decree would not be og much help to prove cruelty in your case.
You have to prove other forms cruelty other than the alleged false statements of previosu suit.
ajay sethi
(Expert) 30 December 2012
if wife makes false allegations of impotency on husband and you have proved the allegations to be false it would amount to mental cruelty . you can sue her for divorce
Raj Kumar Makkad
(Expert) 01 January 2013
Leveling false allegations of impotency against husband is the sole ground seeking divorce from such wife. The cruelty is proved in this case.
R.K Nanda
(Expert) 12 January 2013
yes, u can file divorce petition on ground of mental creulty.
V R SHROFF
(Expert) 09 February 2013
Easier way was:
During pending Divorce Petition filed by her, You should have asked court to convert the same in MCD, and matter was over.
Even Now, as she and you, both want Divorce, file MCD,
Marriage Councillors can help you.
Guest
(Expert) 09 February 2013
It seems you are a litigation saavy person and you have more than enough money and time to waste on litigations.
Anyway, I can safely treat your proposal as a proposal for posthumous treatment of a deceased person.
The question arises, when your wife filed a case of divorce and you also wanted divorce, what desisted you and your wife to file a mutual consent divorce?
Even for the same court case, irrespective of the grounds put forward by your wife, you could well have agreed for divorce by stating your own grounds also, may or may not be by disproving the grounds of impotency and mental cruelty. What material gain you could achieve by proving your potency to your estranged wife, whi was not willing to live with you any more?
Also, what action do you propose, if your case is also dismissed after trial by court on merits?
If both of you are willing for divorce, why don't you prefer for mutual consent divorce?
