Divorce case query
Ashish Kulkarni
(Querist) 01 May 2012
This query is : Resolved
Hi All,
I have few queries regarding my case.I have applied for divorce on the basis of mental cruelty.We both were in the relationship for last 6 years & we have a girl child of age 4.I have clearly given all the information about my emotional sufferings in the petition i filed for the case. I am awaiting the reply for the same from other side.I strongly believe that the other part will not accept their faults & do false allegations against me in the court.My query to the experts is as follows:
1> During the hearing if the Judges are not happy with the explanation which i provided is there any chance that my petition will be rejected by court & i will be forced to continue our relationship.?
2>. If yes is there any way I can appeal to the verdict given by the court.?
3>. In our case The Wife & her parents were responsible for not maintaining my child well during early birth days (2 months of age) resulted into bad health condition & many complications during further childhood.So can the mental torture happened because of this be a strong point in getting divorce. ?
4>. Can i claim the custody of my child because of point 3 ?
Seeking your opinion on this .Thanks in Advance.
ajay sethi
(Expert) 01 May 2012
diovrce by mutual consent is best option . if you have filed for diovrce and your wife is not agreebale then it will take some years at least in mumbai .
if court is not convinced of grounds made by you then you may lose the case . you can always appeal .
custody of young child is generally given to mother but the paramount consideration is welfare of child . you will have to prove that your wife ill treated the child
SAINATH DEVALLA
(Expert) 01 May 2012
No one will accept the allegations levelled in the petition.Once you have filed a case you should prepare yourself for both positives and negatives.Is there a cance for reconcialation between both of you,atleast keeping in view the girl child?Why not try for a family councelling and there could be some respite.Your 3rd point is really disheartning.You are making the child to suffer for no fault of hers.If you are not able to respond to family councelling then go for a mutual divorce,and that is the best solution.
Devajyoti Barman
(Expert) 01 May 2012
1. It is not after the filing of statement but after the conclusion of trial when the court gives it final verdict.
If it goes against you then you would not get the relief sought for under the case which dies not mean your forceful co habitation with your wife.
2. Yes you can challenge it before the High Court.
3.This is not a ground of divorce but may be for custody of child.
4. Yes worth trying.
Shonee Kapoor
(Expert) 01 May 2012
I agree with Ld. Barman on it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 01 May 2012
Dear Mr.Ashish,
Endorse what has been said above !
1. Court is mandated not to give you divorce unless you prove the ground taken by you in the divorce petition, hence even if the wife fails to even file reply in the first place, that does not automatically entitle you to divorce - you would have to adduce evidences.
2. There is something called the Standard of Proof, on how much evidence is the judge convinced as to the truth or falsity of the matter alleged by you, in divorce cases it is preponderance of probabilities - if at the end of your evidence it appears that 'there was mental cruelty' is more probable than 'no cruelty' the court would give you a decree.
3. You need not prove your case beyond ALL reasonable doubts.
Feel free to talk!
Santosh Goswami,Advocate
(Expert) 04 May 2012
The matter will go to mediation wherein you can negotiate with your wife and if she agrees you can be free of this tie after paying a settlement amount.Don't worry. The court can't force you to live with your wife even if you loose the case.
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