Contesting divorce filed by husband
Querist :
Anonymous
(Querist) 02 June 2014
This query is : Resolved
Hi
My husband has filed divorce on false grounds of cruelty. It is just his way of defending himself after I had filed caw complaint and DV petition against him. He didnt hv any grounds for divorce. Rather I should be the one to have filed divorce on grounds of cruelty coz he really had been cruel. But I dnt want divorce... Want to save my marriage.. Pls suggest:
1. If I contest the case and do not agree to divorce him, can he still be granted decree of divorce ?
2. If I also want to go ahead with divorce but do not agree with the grounds of divorce, how can I proceed ?
3. He doesnt want to pay me alimony coz I am working but spent heavily on marriage.. Literally financial crisis now + space crunch in parental home. So how can I get maintenance/alimony if divorce is proceeded ?
4. Need a good divorce/matrimonial lawyer.
Please help
Regards
Shonee Kapoor
(Expert) 02 June 2014
1. If he wants divorce and you contest it, that means you don't want a divorce, the court would weigh the evidence and based on the evidence, if the court is satisfied of the cruelty, the court can grant divorce.
2. If you also want divorce but not on his ground, you can file a counter divorce in the same court u/s 23A of HMA. Both cases would then run parallel and court would decide in the favor of one person.
3. Can maintenance be granted during pendency of divorce? YES, it can be on the basis of application made to court for maintenance pendente lite.
4.
Regards,
Shonee Kapoor
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