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ashmita (executive)     25 August 2012

Divorce proceedings

i wanted to know about the divorce proceedings......... my husband has filed for divorce...... 1st hearing is yet to come...i don't wish to file a reply to his petition for the time being....  what will happen on the 1st hearing ?? will the judge send us for mediation ??  or will the judge direct me to file a reply to his petition...... ? my husband might not be interested for mediation at all.....he might not even come to the court..... will the judge meet both of us and then if mediation fails then only he will direct me to file a reply ?? or he will not wait for mediation ??

i don't want a divorce..... should i keep telling the judge that there is scope of saving my marriage so i want reconciliation proceedings ?

please reply........thanks


 28 Replies

Anish Thakur 7018812737 (advocate)     25 August 2012

in the first hearing you will be supplied the copy of plaint filed by the plaintiff and you will be asked to file replied,you can state your wish to go through the concillation if you want to save your marriage.

2 Like

ashmita (executive)     25 August 2012

@ anish sir: i have already received the copy of divorce petition through courier...... 1st hearing is yet to come...... if i say in the court that i don't want a divorce..... then what will be the next step ?? i mean court will send both of us for mediation ?? can i say in the court ki jab tak mediation nahi hoti tab tak i will not file a reply to my husband's divorce petition?? since i think things will get worse once i file my written statement

Pawan (Others)     25 August 2012

Hi Ashmita,

I am not a advocate but I am also facing issues with my wife where in she wants divorce and I want to save the marriage, but I being a Man can not do anything but to accept to her as all the laws are in favour of women in India.


In your case do not worry at all as in India it is impossible for a husband to get a divorce if his wife is against it. So just relax and just tell the judge that you do not want divorce and want to sort out differences and live with him. The petition would be dismissed if u oppose it.

And for gods sake do not file any criminal cases against ur husband or his family members listening to lawyers as that would spoil the relationship completely.

Remember its not next to impossible but its just impossible for a man to get divorce if his wife opposes it.


Hope things get better for u soon.

1 Like

Pawan (Others)     25 August 2012

Remeber he has to prove all his alegations that he has mentioned in the divorce case against you to get a divorce and its impossible to prove the allegations.

just curious to know what are his allegations on you for filing divorce. Please mention that also in the post so that Advocates here can guide you in a right way.


All the best

ashmita (executive)     25 August 2012

@ pawan.....thanks a lot  for the reply...... i will never file 498a cases nor criminal complaints.....never..... i love my husband a lot..... i cannot file such husband asked me to leave my matrimonial home forcefully..... he has filed divorce on the grounds of desertion and cruelty....... he has mentioned in the petition that am greedy.....that i want money ..that i don't want a happy married life....that i used to fight with him unnecessarily....he says i left my matrimonial home on my own.....etc..etc.... but am willing to live with my husband.....i never wanted to leave my matrimonial home......but he has not attached any proof...... waiting for your reply.......thank you

RAHUL KANSAL 9041629676 (ADVOCATE)     25 August 2012

helllo ashmitha,

                                    first of all wanna make it you very clear that judge can pass order for divorce if the aligations of the divorce petition is proved.

Pawan (Others)     25 August 2012

Then be rest assured that he would not be succesful in proving his allegations and the case will be dismissed.

Please make sure you attend the court hearing and tell the judge that u were forcefully removed from amtrimonial home and you still love your husband and want to live with him.

There ends the case and the matter.

All your husband needs is councelling wich might help so you can ask for councelling as well.

Do you have any idea y he is doing this .. does he have someone else in his life or is it just small issues being exagrated?

Try fiding out the root cause which will actually give us a clear idea abt where this marriage is heading.

you be patient and hope for the best. You husband will not get divorce without your approval.

I just hope there could have been some law where even a husband can oppose divorce filed by wife.. which would have made my life.

ashmita (executive)     25 August 2012

@ rahul: ok.... as of now my husband has not attached any proofs..... but few messages/emails sent by me out of frustration/anger ..... will the judge consider messages while granting him divorce?? is it a strong evidence ??

ashmita (executive)     25 August 2012

@ pawan: sad to hear your story...... i wish my husband was also interested in saving our married life...... my bad luck too..... you are right..he has exaggerated small-small of now my husband has not attached any proofs..... but few messages/emails sent by me out of frustration/anger ..... will the judge consider messages while granting him divorce?? is it a strong evidence ?? secondly is it important for him to attend the mediation ?? i mean he might not even come in the court for counselling sessions..... just to skip mediation....what will the judge do in sucha case ?

Pawan (Others)     25 August 2012


Your husband will surely have to proove all his allegations to get a divorce.

As far as i know the court may not force anyone for mediation. So if ur husband doesnt turn up for mediation I am not sure what can be done in this case.

Messages may or may not be considered in a court as evidence. As in every relationships there are issues and we even shout at our parents or siblings when frustrated so cant tell anything until we know what messages u sent him. and moreover when were these messages sent were they sent when u ppl were living together or after you ppl got separated?

1 Like

ashmita (executive)     25 August 2012

@ pawan..... 10-15 messages when i was living with him and some when we separated....... i wrote in the messages ki agar divorce hee karna hai toh mujhe ek ghar dedo kyunki main 2nd marriage nahi karungi.....if you think mere parents ki galti hai toh i will break contacts with my parents for the betterment of our relation.....i messaged him atleast 100 times that i don't want a divorce......i even said that am not intersted for money since my husband is more important and i dnt want  a divorce...... but he has always stopped me from coming back in the messages also.....he has abused me very badly.....he threatened me for my life........ when i contacted him for reconciliation he replied rudely so out of frustration i said 3-4 times ki theek hai main apko forcefully shaadi mein nahi rokungi.....etc etc..... so there is a variation in messages sent by me......

Pawan (Others)     25 August 2012

U have actually reached a right forum.

There are many Top lawyers in this fourm who will be helping you in a right way.

I have been a member of this club for over 6 months now and I have seen some seriously wonderful suggestions from the members who will help you a lot. Just realx and keep posting your quires and the experts will guide you for sure.



With those sort of messages he cant prove anything as its just showing that you are interested to save this marriage.

Moreover if there are any messages that you sent while u were together then u can just tell that he might have sent those messages from my mobile wihtout my knowledge as we both stay in the same home and he has access to my mobile 24/7.

As far as i know he has to proove all the allegations like desertion and cruelty by u only then he can get divorce but with my experince of around 6 months running behind courts and advocates I can say that its just impossible for him to get divorce without proving his allegations however,  its also impossible for you to save the marriage if he is as adamant as my wife to break the marriage.

Cant do anything to save a dead marriage.

We cant force anyone to stay together unless both of them are willing to.

Anish Thakur 7018812737 (advocate)     25 August 2012


you dnt have to worry ,if you ask the court to go through mediation ,court can not discard your application in any way.

ashmita (executive)     25 August 2012

@ pawan....ya you are right...... lets see what happens.....but i will try my level best to save my marriage......

@ anish sir- 1st hearing is yet to come..... so i have decided that i will not file my written statement..... i will speak orally in front of the judge that i don't want a divorce........lets see then.........thanks for your reply

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