CONTESTED DIVORCE

Querist : Anonymous (Querist) 17 November 2009 This query is : Resolved
Dear lords

as i have always took advantage of this forum here i want to know more as my query as follows.
1. i want to contest the divorce please advice me.
2.what should be done and what should not be done?
3.please tell me in contested divorce to whom burden of proof lies.
4.please tell me what can i do if the statement of divorce petition is different from a FIR which was lodged against me u/s 498a,406& 34ipc

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Adv Archana Deshmukh (Expert) 18 November 2009
Please contact a good local lawyer. He will guide you about what to do and what should not be done. Anything concrete can be adviced only after going thoroughly through the facts of the case.
The burden of proof to prove the allegations made, lies upon the the person who makes allegations if the other party denies them. If the statements/allegations made by your wife in divorce petition are materially different from the FIR which was lodged against you u/s 498a,406 & 34 ipc then it is beneficial for you while contesting the same.

A V Vishal (Expert) 18 November 2009
You can be advised only after going through the complete details and facts of the case, You have not posted the facts of the case!!!

Raj Kumar Makkad (Expert) 18 November 2009
1. If you want to contest divorce (might be added petition) then do it. where is the scope for advice in this matter?

2. If you want to file a petition, it should be filed with all facts and circumstances leading to file the petition on your behalf and facts not consistent with the matter should not be inserted.

3. Who so ever asserts must prove. So you have to prove it you allege your wife.

4. Circumstances and nature of both the cases is entirely different so there shall have no effect of your defence statement made in criminal case pending against you.

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