Immediate divorce
abhimanyu
(Querist) 04 April 2013
This query is : Resolved
A husband and wife want early divorce. Wife files the case for divorce. The husband in his reply states that wife is telling all lies but he does not object to the case. Will court grant divorce immediately.
Devajyoti Barman
(Expert) 04 April 2013
If husband disputes the allegations of wife and levels counter allegations then without trial no divorce decree could be granted.
Nadeem Qureshi
(Expert) 05 April 2013
if both the parties of case are ready to get divorce file a mutual divorce u/s 13b of Hma
Adv. Chandrasekhar
(Expert) 05 April 2013
There are two methods. The first one is to file mutual consent divorce by both the parties together and after 6 months get divorce decree. The second one is, the respondent husband file the reply denying the allegations but not denying the relief of divorce sought by the petitioner wife. In the evidence, he puts a simple suggestion question to the wife in cross examination - "All your allegations are false". At the time of his evidence, he shall not produce any evidence and shall not put final arguments. then divorce decree will be granted.
prabhakar singh
(Expert) 05 April 2013
I go with Adv. Chandu 's suggestions.
abhimanyu
(Querist) 05 April 2013
I am highly thankful to experts for sparing their valuable time for advising on the issue.
In case second option suggested by Respected Mr. Chandu is adopted i.e. husband denies allegations but does not raise any objection to the relief sought by the petitioner wife, will court not try to find out as to who is right before deciding the case or normally such allegations and counter allegations are ignored, when the opposite party i.e. the respondent husband does not raise any objection to the relief sought by the petitioner wife in her prayer.
Sankaranarayanan
(Expert) 06 April 2013
no more word to fill , everything filled by experts
Devajyoti Barman
(Expert) 06 April 2013
But in any case the divorce can not be granted immediately as wished by the author.
abhimanyu
(Querist) 06 April 2013
It is humbly requested that more light be thrown by experts on my query with respect to second option.
ajay sethi
(Expert) 06 April 2013
if both want early divorce why dont they obtain divorce by mutual consent . husband can state that if wife is willing to with draw the allegations he has no objection to divorce being granted . obtain divorce by mutal consent . but you waont get divorce immediatedly
Adv k . mahesh
(Expert) 06 April 2013
in any two standings both will not get immediate divorce but you have to wait as both options will take its course to complete the procedure
and you said if court does not want to hear the objections of false allegations again the process will start and it takes time
abhimanyu
(Querist) 06 April 2013
My queries are reiterated below:
In case second option suggested by Respected Mr. Chandu is adopted i.e. husband denies allegations but does not raise any objection to the relief sought by the petitioner wife,
(a)will court not try to find out as to who is right before deciding the case
or
(b)normally such allegations and counter allegations are ignored, when the opposite party i.e. the respondent husband does not raise any objection to the relief sought by the petitioner wife in her prayer.
Devajyoti Barman
(Expert) 06 April 2013
decree on consent can be granted but not immediately which is your wish,
