divorce petition by husband


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
 
Reply   
 
Lawyer

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.....
 
Reply   
 



if both spouse are ready for divorce than convert present application to mutual consent divorce petition
 
Reply   
 

For avoiding Maintenance, husband had better file a separate Plaint.
 
Reply   
 

For avoiding Maintenance, husband had better file a separate Plaint.
 
Reply   
 
Lawyer

What is your locus standie to the facts of query?

 

 
Reply   
 
Deputy Manager

Krishna, the querist has presumed, that "if the court dismisses wife's divorce petition" and the experts have started competition among themselves.
 
Reply   
 

if wife's divorce petition is dismissed by court inspite of husband willingness to give divorce,will husband can get divorce in the same petition?
 
Reply   
 
Deputy Manager

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?"
 
Reply   
 
Deputy Manager

And then my view will be, NO. Because the petitioner is your wife and not you. The court has given judgement on the petition of your wife, but not on your petition.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x