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Ramesh (xyz)     26 December 2012

Who need to prove for contested divorce??

Hello experts...


We have 16 years of marraige life and 2 kids, now my wife wants divorce, but I don't want the divorce and I don't want to leave her..  She has asked me for Mutual divorce, but I denied. 


Now the situation is that, she has filed contested divorce on the cruelty (mental and physical) ground and also has asked for protection order against the divorce. Now she is not living with me and she has gone to some unknown place and doing job, she also has given the public notice in the newspaper that the relatives should not force her for comming back to either parental or matrimony home...


Good thing is that From her parents's side and my family side both have explained her not to do so... But she is denying and not ready for any re-union.  I think (not sure) she wants second marriage..


And also tell me that should we have to prove the claims she has made for the divorce ground (i.e. Mental and physical harrasement)??? and how????

After lots of efforts we are not be able to convince her, so please give me your valuable guidance...


 9 Replies


you better give divorce otherwise she will file 498a and five six other sections against you. you are crazy man trying to fight woman in india.

Goutam Prasad (Advocate)     26 December 2012

If she has already filed contested divorce, then she might be appearing there in person or through attorney. If you still want re-union, I will suggest you to inform the court of your intentions and plead to send the matter to court mediation cell for mediation. I hope with the help of court mediation cell, wall between you both can be demolished and fresh life to your married life can be given.

Goutam Prasad




Rajesh Kulkarni (Advocate)     26 December 2012



“Divorce is not just asked for and rewarded for aspect of LAW”. Party seeking for a divorce has to prove his/her appropriate reasons in claiming so.

And as per your 2nd para: you have got better grounds to show to Hon’ble Court that your wife is at fault by deserting you and you can also take defense as that of her Paper Publication which is not supposed to be done by her. “A person cannot just allege in public that he/she is being harassed and to that extent his/her explanation stands good”

As per your 3rd para query: It’s not that you have to prove such grounds for divorce…. It is on your part to defend to such allegations. Burden of Proof always lies on person claiming some right.

As per Goutam Prasad Sir advice: Every Family relation disputed case starts with a RECONCILIATION procedure, put forth your intentions, so that your defense helps even if your wife goes to extremity and files for 498-A and even when claiming for any maintenance.

When it comes to the question of one being harassed mentally and physically---- a mere allegation is not substantial effort of such person to prove his/her case. As far as your case is concerned---- your long relation was not one with a quarrel or suspicious, it’s the change in your wife that has kept you in this position.

You are at the better end so wait for a better opportunity, Court does not just deliver its Judgment.


Rajesh Kulkarni


1 Like

rajiv_lodha (zz)     26 December 2012

She filed contested divorce after 16 long yrs of marriage.....there must have been very compulsing cause 2 do so for her.

Get to the root of that cause, sort the differences in mediation cell of the court. If stil there is no compatibility possible, better move MCD petition. No point wasting time + money in courts

Vishal Thakker (vadodara,Gujarat)     27 December 2012

My wife don't want to be with me, she have my Baby girl of 3yrs Old, beacuse she had complited her LLB finel year, she want's to Practice under her father's Office, He is also a Ceriminal Lawer, One day her father came to our place and he had tell that  she will come after Two days and steel she didn't came here, then I had try to call her loots of time but she is not ready to lisent me.

Know we have decided to take divores beacuse if she don't want's to be with me then I also don't want her..

I want to Know in this situation what can we do? 

Rajesh Kulkarni (Advocate)     27 December 2012


Hi Vishal,

When you both have decided live apart, then go for Divorce by mutual consent under section 13-B of Hindu Marriage Act, 1955. Filing MCD is always legally beneficial aspect to husband because the wife who consents for a mutual divorce shall relinquish her rights of maintenance.

But this is only up to you and your wife ----- what about your daughter ---- are you ready to let her be with your wife? Think on this aspect 


Rajesh Kulkarni


Husbandia (CLERK)     28 December 2012

NEW QUERY: Cruelty

Is it a Cruelty of a husband if husband prohibits wife's parents from entering matrimonial home or a separate residence co-owned by him+his parents to avoid intrusion in marital life? At the same time he allows wife to visit her parents N number of times.

Rajesh Kulkarni (Advocate)     28 December 2012

It depends on circumstances and spouses' relationship

Vishal Thakker (vadodara,Gujarat)     29 December 2012

I had allowed my wife to visit her parents N number of times when she need, that was my bigest mistake My Mom N Dad N all of my family is telling me.

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