Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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 7 Replies

Adv Deepak Joshi +917017821512 (Advocate)     10 November 2019

post complete fact
1 Like

Monika Rana   10 November 2019

my husband sent me a divorce petition on the basis of mental cruelty. I wanted to defend the case but I had some bad experience with the lawyers. I then decided to go to the court and accept the accusations so I can get divorced asap. But I just told that if i do that the court will not give divorce because it will be a collided suit.

Adv Deepak Joshi +917017821512 (Advocate)     10 November 2019

What is your location?

Dr. Atul [9013898936] (Lawyer, Scholar)     10 November 2019

I think you mean collusion and not collided. Collusion refers to a situation where the parties have entered into an secret agreement/arrangement to handle the case in a particular manner, while doncealing this fact from the Court. Collusion is considered a fraud on the Court and hence frowned upon and cases dismissed therefor. In your case, the Court might have got an impression that you and your husband entered into an arrangement that he will file the suit for divorce and you will not contest it.

Having said that, if you wish to go for divorce without fontesting, you may make an application supported by Affidacit, that you deny all the allegations contained in the plaint but since there is no chance of reunion of parries, the marriage may be dissolved by mutual consent, without admitting the allegations. Irretrievable breakdown of marriage is not a ground dor divorce per se, but Courts in their wisdom, take a broader view and may allow divorce.

Hit like if you found my reply helpful and feel free to get in touch.

1 Like

Monika Rana   11 November 2019

What could that secret agreement possibly be? court it being very unfair here. I am not on talking terms with my husband and his lawyer coz he is related to him. I will not talk to him at all because I am still attached to him and this whole phase is very difficult for me. I have to maintain the distance. We do not have common people in between is. Our families were not involved in this marraige. I have no choice but to accept the accusations in the court.

Adv Deepak Joshi +917017821512 (Advocate)     11 November 2019

If your case is dismissed by court on ground of collusion betwwen parties  then it will be better to file Mutual Consent Divorce, just face the people 2,3 times and get rid of this problem for ever.

Dr. Atul [9013898936] (Lawyer, Scholar)     11 November 2019

Please don't take it personally. The Court has to be circumspect as it does not not know you or your husband personally or what are the relations between the two of you. As I said before, it is not such an unsurmountable problem. Just make an Application supported by your Afffidavit that while you do not admit the allegations of the husband, you do wish to dissolve the marriage without prejudice and a decree of divorce may be passed. A contested petition for divorce under Section 13 of the Hindu Marriage Act can be converted to a petition for divorce by mutual consent under Section 13B of the Act if the parties. Offhand, I can suggest you read and cite the judgment of Calcutta High Court in Rajesh Lakhotia vs Smita Lakhotia (other High Courts have passed similar judgments).

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