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Alex (Business)     25 February 2009

If allegations in divorce petition could not be proved?

If wife files a divorce petition and the husband could prove all allegations against him are false. In this case, what will be the move from court? Can the wife still get divorce if she is fighting for it? plz help


 6 Replies


If husband succeeds to disprove the allegations or wife fails to prove the allegations (in fact, it is the wife to prove the allegations as she has filed the case), the petition will be dismissed and decree of divorce is refused.

Alex (Business)     25 February 2009

Thanks for the reply.

What if wife refuses to stay with husband saying non mental compatibility, even after court dismisses divorce petition? plz help

sanjeev murthy desai (Advocate)     25 February 2009

You can file a appeal in Hon'ble high court but you have to proove that mental capability of your husband.

sanjeev desai



What is the wife's petition for divorc eis already dismissed in default (non appearance) and it has not been re-instated and or dismissal order not even set aside and it has been almost a year passed? Second husband has filled asking for counter relief in a divorce proceedings S. 23 A HMA will he get relief of divorce ! BTW S. 24 HMA is not yet decided inspit eof her divorce petition being dismised.


No court in the world has power to forcefully ask a party to stay with the other party even after dismissal of the divorce petition.  The court can simply dismiss the divorce petition or allow the petition for restitution of conjugal rights.  Even after that it cannot force the unwilling party to stay with the other party and discharge matrimonial responsibilities and most importantly physical relationship.  Even filing of contempt of court petition is not helpful in those circumstances.


Adv. Sanjay (Lawyer)     27 February 2009

If the petitioner means the wife could not prove her case then the court will dismiss te case. And if the wife claims non-mental compatibility that has to be proved by producing the necessary documents like Docter's Certidficate and by adducing the evidence. then only the case stands befoer the court. Only mere statement can not change the fate of the case unless untill it is proved.

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