Ashutosh Mishra 24 May 2020

How to respond to contested divorce petition?

My wife has filed Divorce under Sec 13(1) of Hindu Marriage Act 1955. She is not willing for Mutual Divorce under Sec 139b). How should I respond to the Divorce Notice? I too want divorce from my wife. She has deserted my for two years. What should I do?

1. Should I allow it become ex-parte divorce.

2. Should In contest the divorce and expect her to come down to mutual?

3. Should I file Written Statement with Counter Claim for Divorce for Desertion by Her for Two Years?

4. Should I file a Written Statement refuting all allegations but accepting her demand for divorce?

What are the pros and cons of each option?

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5 Replies

R.Ranganathan (Advocate) 24 May 2020

First you have not given the grounds for divorce filed by your wife. Kindly provide the same for giving a proper advice.

Ashutosh Mishra 24 May 2020

Wife has filed divorce with false allegations of cruelty by me and dowry demand etc. She has also filed maintenance under CrpC 125 and HMA Sec 24.

P. Venu (Advocate) 25 May 2020

You need to contest the matter esp. when you suggest that the allegations are false. Any how, in the court proceedings, it is for her to prove the allegations.

Moreover, once you enter appearnace, the court itself would try to explore chances of reconciliation/settlement.

Dr J C Vashista (Advocate) 25 May 2020

File your written statement and reply to interlocutory applications with relevant documents which may prove that the allegations levelled are totally false, fabricated and vexatious.

No need to institute fresh suit in the form of counter claim as stated by you .

Contest present suit.tooth and nail till she comes to the terms of mutual consent divorce.

pikachu chu 28 May 2020

I know there will be many difficulties and challenges but I am determined to do it. If it fails then it will also be a lesson for me: driving directions