XYZ (XYZ) 23 March 2015

Section 13 HMA

Esteemed members, 1. If spouse has filed for divorce (hma cruelty clause), and both petitioner and respondent want divorce what would court do? (Convert it to mcd or still it will be contested) 2. Can spouse file criminal case once divorce is granted under section 13 HMA (cruelty)?

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M.Sheik Mohammed Ali (advocate) 23 March 2015

The same case both party accept the allegation then, court will pass order for divorce,

after that each person individual capacity so can file any against each other.

Ramesh Chander (Advocate) 23 March 2015

BY AGREEING ON DIVORCE UNDER SUCH PETITION I.E. ON CRUELTY GROUNDS, YOU ARE ALSO ADMITTING YOUR ACT OF CRUELTY PAVING THE WAY FOR YOUR WIFE TO FILE CRIMINAL COMPLAINT AGAINST YOU AT LATER STAGE. BE CAREFUL THEN YOU WILL HAVE NO DEFENCE AS YOU HAVE ADMITTED YOUR CRUELTY ON HER NOW.