Court can grand divorce by favoring woman?
Law Querier
(Querist) 07 May 2012
This query is : Resolved
A Woman wants divorce after a year of marriage because of small disputes on telephone communication between them. She put allegations of mental harassment and dowry demand on husband in court to get divorce. But, She cannot prove any allegations in the court against her husband. But, she is very eager to divorce with her husband. Husband doesn’t want to divorce but wants to reconciliation. Can Court grant a divorce because the divorce has demanded by woman? Because, I read many time on many legal sites that Indian law is favoring to women and not men?I also want to know about irretrievable breakdown of marriage. When can irretrievable breakdown of marriage applicable? Thanks,
M.Sheik Mohammed Ali
(Expert) 07 May 2012
divorce can get when the allegation is proved, only false allegation could not made out, same time you can prove it.
Sankaranarayanan
(Expert) 07 May 2012
yes agreed because women are always respectable but with in certain level. If any allegation then you need to prove and submit the evidence , How you are related to this case , if you want further details you furnish full details
ajay sethi
(Expert) 07 May 2012
if your wife wants divorce agree to it . it is better to divorce by mutual consent . if you oppose it will take her some years to divorce atleast in mumbai
SAINATH DEVALLA
(Expert) 07 May 2012
Court will not favour either the husband or the wife.At the first instance every judge will give an option,whether you can reunite together.Only if it in the negative,he will proceed further.First she has to prove that the allegations are true.Go as per the advice of the above experts.
Shonee Kapoor
(Expert) 07 May 2012
granting of divorce happens on proving of the cruelty.
Gender has no role in the same till now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 08 May 2012
The allegation of cruelty has to be proved to get the divorce. Mere allegation is not sufficient. Irretrievable breakdown of marriage is still not a ground for divorce yet solely and on this ground alone the court can not grant divorce. File a petition for RCR.
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