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(The legal provisions, case laws and link to an a related LCI article)
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Wife filed for divorce. while filling counter husband also expressed desire for divorce. Now the wife is unable to prove any of her allegations and husband has evidence of wife cruelty. Now if court dismisses wife divorce petition, can husband file divorce petition in the same court,in same case under counter claim in which section of HMA,instead of filing in another court and running again for 3 to 4 years
You should present actual position in petition filed by your wife and get divorce.. You can represent your facts in same divorce petition and there is no need to file another divorce petition, if you file seperate petition again then it will be just wastage of time and money.....
You should not have started the sentence with , 'if'. Instead you should have said that "wife's divorce petition is dismissed by court, despite the willingness of the husband to give divorce. In such situation, can husband get divorce in the same petition though he has not submitted any petition for it?"