Techical query in divorce case
Legal Fighter
(Querist) 22 December 2011
This query is : Resolved
Husband filed for divorce, wife opposed by filing W.S., case was at cross-examination of husband and wife moved an application that she doesn't want to oppose divorce proceedings but reserving her right to fight other cases against the husband.
WIFE IS NOT AGREEING FOR MUTUAL DIVORCE AT ANY COST.
Now my query is what should husband do? will it be an ex-parte divorce? Or we need to get all the witnesses examined and then argue. Also what will be effect of this divoce case on other cases (498a, DV Act etc.).
Deepak Nair
(Expert) 22 December 2011
You are asking the same query repeatedly.
You are requested to update your query in the earlier thread.
The repeated queries are not at all encouraged and are avaoided by all experts.
Rajeev Kumar
(Expert) 22 December 2011
Yes Mr. Nair is right
Devajyoti Barman
(Expert) 22 December 2011
If this is a indeed a repeated query then I would prefer to be silent.
Sudhir Kumar, Advocate
(Expert) 22 December 2011
If she does not want to oppose divorce then you are getting cake walk.
Raj Kumar Makkad
(Expert) 23 December 2011
Conclude your evidence and as there shall not be any cross-examination to your witnesses and even no evidence in rebuttal and even no argument on the side of the respondent then the case shall be decided in your favour. There is no need to file mutual divorce petition and waste more time.
Legal Fighter
(Querist) 23 December 2011
Thanks Raj Kumar Makkad sir. Just one query, will this be divorce on merits and can we conclude that husband has proved his case and if wife has not rebutted and produced any evidence that means all her allegations are false.
How can a person say that i don't want to contest the case but i am reserving my right to disprove the allegations in other proceedings?
Shonee Kapoor
(Expert) 23 December 2011
Yes, this divorce decree would be in your favor and against the respondent.
And the respondent can reserve the right to defend his/ her allegations in other proceedinggs.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
