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aman (manager)     18 October 2016

Applicability of Order 12 rule 6 for divorce decree

Dear Sir, My wife already made admission under Order 12 rule 6 regarding her cruelty act with me and ready to give divorce and I also agreed for this but now judge is saying that Order 12 rule 6 is not applicable in case of divorce decree. If any court court rulings or judgements where divorce granted on basis of admission under Order 12 rule 6, kindly let me know about these past judgements of courts on basis of order 12 rule 6 for divorce decree. Judge is saying go to mutual consent 13B but I don't want to go for this as since beginning my wife playing delaying tactics and I utmost important thing I don't trust her.She agreed finally after 3.5 years for her admission on her own as I filed the divorce petition 3.5 years back on basis of cruelty and adultery and I am having strong evidences against her so she doesn't have any other option except to accept her cruelty acts only under order 12 rule 6 and I agreed for this but now judge is not saying it's not applicable in divorce decree. So in summarized way,I want to know following things- 1.Applicability of Order 12 rule 6, if yes then past court judgments references on that. Kindly give the references so it will be helpful for my case. 2. If Order 12 rule 6 is not applicable then the other way for court to grant divorce except Mutual consent divorce as I already mentioned that I don't agree for this as I don't trust my wife as she was involved in delaying tactics and dirty tricks since beginning. 3. Whether it's possible for court to grant a divorce without taking my wife reply on record as she already passed all maximum limits i.e. 90 days to file a reply, (Kindly read below for details) Last important things I forgot to mention that as I already mentioned that since beginning my wife was involved in delaying and dirty tricks so she didn't reply to my divorce petition for 1 year when court passed Ex parte order then finally she appeared and court cancel ex parte order but she didn't reply even after that when I mentioned recent Supreme Court judgements on this that maximum period to grant is 90 days for reply that already passed after ex parte order cancellation,finally after 180 days of ex parte cancellation,she filed reply but I objected for this and mentioned recent supreme court judgements on this. So till now court didn't pass any judgement on this also..already 8 months passed on this..Now in meantime my wife realized that she didn't have any other option left so finally she made admission under Order 12 rule 6 accepting her cruelty acts only and I agreed on this. But as I already mentioned above that judge not agreeing on this and saying it's not applicable for divorce decree. Judge is saying now that he will take her reply on record then take a affidavit from both of us,one from her mentioning her cruelty acts and one from me that I am agreeing for divorce on basis of cruelty. But I objected on this as if court take her reply on record then I will also file reply as she made all false allegations against me regarding dowry and violence to hide her adulterous and cruelty acts. My concern is if court is taking her reply on record then I have to reply back as if I don't reply,it means that I am accepting her all false allegations made against me. Please suggest me and give your valuable opinions on these three questions ,I will be obliged to you all. Thanks in advance for reply. Best Regards


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 1 Replies

Pradeep Kumar (Lawyer)     27 October 2016

If there is an admission on behalf of the respondent with regard to your allegations of cruelty mentioned in your divorce petition then in that case of course you should move an application under the provision of order 12 rule 6. Now if you look for the previous judgments of the Supreme Court or any other court, then I would say it is very rare that somebody has accepted the charge of cruelty from other party. Therefore, you must move an application if there is an admission on behalf of the respondent. Nevertheless, after you making an application if really there's an admission on the part of the respondent then she will reply in the affirmation against your application under the provision of order 12 rule 6. Thereafter, District Judge of the Family Court has no other option but to pass the judgment based upon the admission.

Adv.Pradeep K khatana +91- 9871765000

 


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