Divorce petition

G.Padmanabhan (Querist) 27 November 2012 This query is : Resolved
In a petition by wife for divorce on the ground of cruelty, the husband wants to concede divorce, without admitting to the allegations. What are the implications of such course. Wife is not agreeing to consent divorce. Can the court be asked to treat it as a petition for divorce by mutual consent. Is any other course open to the husband in the said circumstances.

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prabhakar singh (Expert) 27 November 2012
CONTRAST.HOW ONE CAN CONCEDE TO A RELIEF CLAIMED WITHOUT ADMISSION?

NO!THE COURT CAN NOT BE ASKED BY HUSBAND TO TREAT IT A PETITION OF MUTUAL CONSENT WHERE WIFE IS NOT READY FOR THAT.

CONTEST OR ADMIT,NONE ELSE OPTION.

R.K Nanda (Expert) 27 November 2012
no more to add.

Guest (Expert) 28 November 2012
Concession without admission is not possible.

Unless the wife is willing to mutually end the marriage the court cannot treat it as a petition for mutual divorce.

Ashish Davessar

Advocate
Supreme Court of India
Punjab and Haryana High Court

Ashimta Lekhi Malhotra (Expert) 28 November 2012
Agree to Sh. Prabhakar Singh and Sh. Ashish Davessar.

Raj Kumar Makkad (Expert) 28 November 2012
I have also the similar opinion as expressed by experts above.

G.Padmanabhan (Querist) 30 November 2012
Tks, genglemen for your valuable opinion.

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