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bhulla2013   24 May 2023

Hindu Marriage Act Sec 13A

Can a wife take divorce if she doesn't want to live with her husband without producing any substantial evidence in the court on the basis of cruelty whereas husband does not want to give the divorce and want to live with her wife
Please clarify


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 May 2023

The wife can file the divorce case, but the burden to prove the allegations lie on her, hence you can challenge the same properly during trial proceedings.


Advocate Bhartesh goyal (advocate)     25 May 2023

Party ( wife or husband )  who wants to  seek divorce on any ground mentioned  in sec 13 of Hindu Marriage  Act has to prove the ground by cogent evidence.Divorce can't  be granted merely on putting allegations on a other party.

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