What if Divorce Petition is Rejected?
Querist :
Anonymous
(Querist) 28 October 2010
This query is : Resolved
In a matrimonial case u/s 13(1)(i)(a) of the HMA, 1955 i.e. Cruelty filed by wife, if petition contains contradictory statements and reference to the date and time of cruelty is not given, than in such a situation husband is 99% sure that wife is not able to prove allegations (no police NC for dowry u/s 498a of The IPC, and Doctor certificate of Beating, all these are false allegations) and petition will be rejected. Husband don't want divorce? But at the same time he don't want to live with wife.
1] In this case whether wife will be granted divorce or petition will be rejected? Someone has told husband that when petition filed by the wife in that case wife will be granted divorce.
2] After rejection husband is thinking to file petition for Perjury u/s. 211 & 511 of the IPC, and Petition for divorce u/s. u/s 13(1)(i)(a) of the HMA, 1955. Will he succeed?
3] After rejection of petition what is remedy available to the wife?
Devajyoti Barman
(Expert) 28 October 2010
1. For getting the divorce the onus of proof is upon the petitioner only. So one can get the divorce only if he/she succeeds to prove the allegations.
2. We can not predict the outcome of case without knowing anything and moreover it takes a lot of thins under consideration before one succeeds in a criminal case.
3. She could prefer appeal.
Querist :
Anonymous
(Querist) 29 October 2010
In this case can wife Insist for divorce on the ground of Irretrievable Breakdown of marriage? Wife don't want to continue & live with husband and demanding alimony.
