Whether husband is entitled to get divorce on ground of crue

1. Filing a Divorce petition does not amount to cruelty even if the allegations are false. 2. You cannot file separate petition elsewhere, but you have a right of filing counter claim in her petition by raising all the grounds of cruelty which you have mentioned. 3. Since you have mentioned that the case is fixed for evidence, I hope you have raised your counter claim in your written statement. 4. If your wife is dragging the case and if it is apparent on the record, you can approach the incumbent High Court under Article 227 of the Constitution Of India and seek the matter to be decided within a time frame since you are coming from a place which is not your ordinary place of residence.

Even if you file A separate petition in your place, the same can be transferred to her city by the Supreme Court / High Court and depending on the efflux of time, your petition may be treated as a Counter Claim and a single evidence will be lead by the Court as the subject matter and cause of action is going to be same.

Do you have any evidence of above points that you mentioned? Every husband mentioned same points generally. Anyway if you want divorce then why you contest her file divorce? It's only wastage of time. If both want divorce go MCD otherwise let her divorce be decided exparty

Originally posted by : A walk alone
	Do you have any evidence of above points that you mentioned? Every husband mentioned same points generally. Anyway if you want divorce then why you contest her file divorce? It's only wastage of time. If both want divorce go MCD otherwise let her divorce be decided exparty

why you contest her file divorce?

Thanks for the advice. 

Several mediations (officially & unofficially) held & failed due to unreasonalble demads & unrealistic expectations. Contested the case because of her false case & alligations.

Wilson Mathew, can you please help & give further details, articles and judgements if any on Article 227.

you can approach the incumbent High Court under Article 227 of the Constitution Of India and seek the matter to be decided within a time frame since you are coming from a place which is not your ordinary place of residence.

 

 

  Dear Client,

 

       You both  file divorce by mutual consentt AND  ALSO  A SEPERATE  PERTITION OR REGISTERED AGRWEMNT WITH STAMDUTY TO DECXIDE MAINTENANCE,CUSTODY AND GURDIANSHIP OF YOUR minor  DAUGHTER IF SH E CROSSE D 5 YEARS OF AGE ANDIF SHE IS LESS THAN 5 YEARS insert a   CLAUSE  IN THE AGFREEMENT specifying  YOUR VISITATION RIGFHT S TO YOUR CHILD.. Or you can decide  aboput guardianship and custody  of your minor  daughter later on. f

hi uday if you are tired of hearing the solution right given above let it be the expartee dont go for hearings then court will give a ex party divorce to her after that she will get ex party dicree of divorce i dont know if you are eligible for remarrying in this you will need a advocate who will advice this better for you

in india there is a law for women men have no rights even women is fraud or as you mentioned here in youe request, as mentioned above if you both go for mutial divorce then it is the best solution for both of you 

Brother if you are not a government servant or she is getting more than half of your salary then you are on safe side so just skip the court hearing (or) file amendment to your written statement under order 6 rule 17 duly (or) make subsequent pleading under order 8 Rule 9 stating that you have no objection to divorce provided allegations should be dropped. But you can't escape either lumpsum payment or monthly alimony for your kid in both sections S24 and S25 ie. during the period of case and after the issue of divorce decree respectively regardless of whatever the reason for divorce and whomever asked for divorce.