Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Alok Shrivastava (Student)     25 February 2012

Query about divorce

Experts please advise on the following:

Wife files for a divorce on the grounds of Cruelty, does not want to demand any maintainance/Alimony. Can husband just respond to the notice that he doesn't want to contest and can wife get the divorce ? 

Thank you.

 



Learning

 8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 February 2012

No in such case the court would ask you to opt for Mutual Consent Divorce. If you don't do so - your wife would still have to prove her case of cruelty. On your making no protest/contest the court would become circumspect for collussion.

Adv. Vaishali Karloopia (lawyer)     25 February 2012

GO FOR IT AND ALL YOUR QUERIES WILL BE SOLVED.

Shantilal Pandya ( Advocate)     26 February 2012

Even in uncontested  divorce petition,  the  court has to be  satisfied on evidence that  the grounds for  divorce  exists, that there is  no  unreasonable  delay in filing   the pettion , that the petitioner  has not  condoned  certain   acts complained of , or that  the petitioner is not taking advantage of his /her own wrong, the pettion is not  collusive   and   that  there is no other  legal grounds     to  deny the  relief 

adv. rajeev ( rajoo ) (practicing advocate)     26 February 2012

it depends on you. I fyou want to cntest the case you can, if you dont want then remain ex-parte.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     26 February 2012

On completion of 6 months from filing div petition, both of you can jointly apply court to convert your petion to ncd, and court will grant you with terms that u agree upon. 

That is the easiest & fastest & cheapest way. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 February 2012

Yes, she can get the divorce exparty if husband is not ready to contest the case. feel free to call

HARI OM (soldier)     26 February 2012

my sister is being cheated by her in laws n husband as husband went to uk for his higher studies  without sister accord n consent n left her alone n even not contacting her from last one n half year n mean while my sister in laws refused to accommodate her due to which we finally lodged the fir of dowry n case has been registered of 498a/406/34 in dwarka delhi court.in laws on anticipatory bail n not giving or providing any clue or communication address of their son n we r having only passport no failed to track him , in laws got the air force campus protection n not coming out for police investigation , sir bth cases r running of domestic voilence n dowry but they r feared up n spoiled my sister life , police is doing shoddy investigation, air force authorities not co operating for any assistance n thus leaving my sister stranded n making her confused n she is in trauma , plz guide me how can i make their horrible who spoiled my sis life n tht duffer my brother in law who is away from last one n half year , did nt contact my sister , plz sir give me suggestion how can they can be made to feel scaredness 

Heartbroken (T)     26 February 2012

Thanks Alok for your post.

 

          My situation is identical to your question.My wife filed divorce petition against me with cruelty as the ground without any claim for alimony.I,too want divorce.But they did not withdraw the case and file MCD.The allegations are all baseless.My lawyer advised me to deny the allegations and state no objection for divorce.He prepared a petition and I signed it.I did not appear personally before the court.Side by side he also made another joint petition to convert the case to MCD.My wife was not present in the court.So after putting my signature he handed it over to her lawyer.Till date she has not signed the joint petition.

 

My question to the experts are:

  1. If she doesn't sign the joint petition what will happen on the 2nd hearing ?
  2. I have no objection for divorce, even in that situation will the court proceeding for proving the grounds and cross-checking happen?
  3. How long it may take to get divorce?

            

             I know MCD is easier and I never objected to it when they contacted me but they filed this suit.(You can read it in detail in my thread https://www.lawyersclubindia.com/forum/Marriage-broke-my-heart-52555.asp).Now I am worried that I may be entangled by the litigation.

            

           Thanks in advance.

 

            Heartbroken

 

            


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