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Sunil Kumar (IT)     26 September 2016

Divorce dismissed or divorve granted

Dear experts, Need some guidance.. my wife has filed for divorce under section 13 ia .. Now the case is posted for argument.. evidence and cross examination on both side is over.. Now the case looks like non of the allegation on me is proved . But we both divorce .. If the non of the allegations on me are proved, will the court grant us divorce ? We both have told honorable judge that we want divorce .. Now what will be outcome of court .. I want divorce.. she too wants divorce.. case filed by wife side only.. I am respondent..


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 6 Replies

Anup kumar   26 September 2016

Why court will have problem if both of you not like to live with each other ,however court will give you the time to review for your decision post that period court will issue the order.

Sachin (N.A)     26 September 2016

I am surprised to see the inteligence of the lawyers of both the side. 

If you both want divorce , file an applicatoin to convert your present divorce petition to Mutual divorce petition and mention that you deny all the allegations and the divorce will be granted.

ganesh rao (x)     26 September 2016

Divorce petition filed by one spouse and contested by another would be disposed off by the judge only on merits in the evidence produced and adduced.  Only because both of u told the judge that u want divorce, he cannot grant it as the petition was under 13(1a).

it has to be converted to a MCD petition by both of u filing a joint petition. Then only divorce can be granted. U and the lawyers may tell any number of things that u need divorce but it cannot be given  under the present petition.  Hence if both of u want divorce talk over and convert it to an MCD petition.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 September 2016

The reply by Mr Sachin is quite sensible

A walk alone (-)     27 September 2016

If you both want divorce , file an application to convert your present divorce petition to Mutual divorce petition. Go MCD.

Sunil Kumar (IT)     28 September 2016

I missed to mention in query.. My wife is a working woman and earns same as my salary.. she is claiming 10 lakhs alimony ..for which i denied..  so she filed the case and dragging


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