grounds for divorce petition
vinod bansal
(Querist) 22 September 2010
This query is : Resolved
R/Experts
I was representing the husband in a petition u/s 13 B of HMA.Joint statement of Husband and wife was recorded in 1st motion but at the time of 2nd motion statement,wife stated that her prior statement was not based on her free will rather that was due to undue influence/pressure of some relatives etc,and now she wants to join her husband company.It is also pertinent to mention here that Husband n wife are living seperately since nov.2007.Now this petition is fixed for order.But in case,Hon'ble judge dismissed this petition,i want to file a divorce petition.Kindly suggest me some ground/s and further kindly help me by giving some tips for pleadings.I further want to add here that in 13 B petition there were no any kind of allegation/counter allegations were raised by any party.
Koumarish Bhattacharya
(Expert) 22 September 2010
Normally, in a petition u/s 13B of the Hindu Marriage Act, we avoid any allegation or counter allegation as it does not serve the purpose of the section. You may very well show the ground of desertion if the same is not done by the party you are appearing for. The other grounds also may be there. Remember, a case is the brainchild of an Advocate. A petition is like a spear. You can do anything with it except sitting on it.
Devajyoti Barman
(Expert) 22 September 2010
The grounds for divorce are clearly spelt out in section 13 of the Act. Please go through it to determine which one is applicable. Generally the ground of cruelty and desertion is widely taken use of . You have to highlight the acts of cruelty in your pleading. Mind it if you are proed to be the wronged party, then the relief sought for would be refused. Do not fail to mention taht the petitioner has not condoned the acts of cruelty.
G. ARAVINTHAN
(Expert) 23 September 2010
it seems wife is expecting something, try to find out and settle the dispute
