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kshitij (manager)     28 August 2012

Divorce case help

dear all the lawyers...... here is my story:

i got married in 2008.....we have no children....
i forced my wife out of my house 1 year back.....she has enough evidence that i asked her to leave my house.....then she filed dv act case with evidence in delhi court asking for interim maintenance..residence rights..protection orders...etc..etc....and its pending.however i have denied all the allegations..... she didn't file 498a cases....no women cell complaint.....no dirty cases......now after 1 year of separation i have  filed divorce on the grounds of desertion and cruelty..... i have put allegations based on cruelty but i have no proofs for that.....i have also written that she left her matrimonial home on her own....but again i have no proofs.....following is my query:

1.if she contests my divorce petition then how long will it take ?? i dont have proofs against her.at the same time she has plenty of proofs against me......

2. since i have mentioned in the divorce petition that she left my house on her own..so now if she says in the court that she wants to live with me....and if i deny taking her back..then will that go against me ?
 
3. my wife is willing to live with me.... but i don't want to live with her..... how should i speed up the court proceedings? 
 
4. since i have filed divorce.....so can she file 498a cases anytime ?? or now its too late for her ?? how can i protect myself if she files 498a cases ??
 
thanks


Learning

 2 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     28 August 2012

you should try to settle the issue out of court as you are looking for divorce. Contesting on grounds of desertion for 1 year hold not tenable on merits . so try to settle the issue as you have no proofs or evidence to fight your case.

kshitij (manager)     28 August 2012

@ nikhil....ok..thanks for your opinion..... just wanted to know when husband/wife files divorce on the basis of cruelty/desertion without any proofs...... so generally what does the court do in such cases ??


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