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Jamai Of Law (propra)     16 September 2010

Q by Respondent Husband:::: How to contest a Divorce case?

How to defend a 'Divorce/Judicial Separation' Case under Hindu Marriage Act (section 13 1ia - Cruelty, Section 10)

 

Husband is a defendent and wife is petitioner.

 

Husband willing to live with wife, but she does not want to continue with marriage at any cost.

 

8 yrs old daughter lives with wife

 

Husband not filing RCR

 

Husband pleading innocent and also wants to reconcile

 

Wife didn't respond positively during councelling

 

Now matter pending for 'framing of issues'

 

How to contest/challenge a divorce case from husband's side?

 

What are do's and don't's?

 

How to expedite the case hearing?

How to win/quash the case in favour of husband?



Learning

 4 Replies

Jamai Of Law (propra)     16 September 2010

Thanks to Mr. Prabhakar,

 

It just reminds me of a proverb.........something like....... 'An Advocate in Humans AND a Human in Advocates'

 

I really value your comments. Sir.

 

Please do not get distracted by any adverse comments ( I shudn't be saying this.......bcos its like 'chhhota mooh aur badi baat'. An experienced lawyers like you all wudn't be getting distracted even in the dreams.)

 

And making specific and 'to the point' arguments is the essence of you all lawyers.
I really appreciate it.

 

Having said that....your comments made me think again .... whether should I request you to kindly post your views on 'how to conduct divorce case' or not???.....

 

Bcos, after reading your valued suggestions, 'those who are desperately seeking divorce would come up with something to circumvent it .'

The same thing happens with case laws. People get cautioned once the landmark judgement comes out. e.g if police reveal their investigation mode, the criminal minds do get cautioned and ensure that they do not leave behind such type of evidence, traceability behind.

 

But I still wud request you to kindly post your views on 'How to conduct divorce case' for the reason that.......................Once indian society is equipped with 'Irreversible Break up of marriage' ground, then it is going to be a futile exercise.

Until that happens your comments wud be very useful to those who genuinely want to defend the divorce suit..

Please post your views and suggetions ......................     From the defendent's perspective.....

  • If Defendent is a husband and defending divorce suit.
  • If Defendent is a wife and defending divorce suit.

The act of defending the divorce suit is NOT gender neutral, I believe.

Or at least, please send me a PM and I would like to thank you in advance for that.

 


 

 

Renuka Gupta ( Gender Researcher )     16 September 2010

Mr. Prabhakar, do it in the interest of the readers. Anyone who has commercial interest would obviously would not do this exercise to educate lay persons in such technical matters. 

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