Urgent query in regard to divorce case
Legal Fighter
(Querist) 22 December 2011
This query is : Resolved
Husband filed for divorce, wife opposed by filing W.S., case was at cross-examination of husband and wife moved an application that she doesn't want to oppose divorce proceedings but reserving her right to fight other cases against the husband.
WIFE IS NOT AGREEING FOR MUTUAL CONSENT DIVORCE AT ANY COST!!
Now my query is what should husband do? will it be an ex-parte divorce? Or we need to get all the witnesses examined and then argue. Also what will be effect of this divoce case on other cases (498a, DV Act etc.).
Deepak Nair
(Expert) 22 December 2011
Dear Legal Fighter,
The wife opting not to oppose the divorce means she too is ready for divirce.
This will not be an ex-parte divorce, but divorce by mutual consent.
Please note that since you are seeking divorce, you will be liable for maintenance to your wife and child of any.
Details are insufficient for any further comments
Legal Fighter
(Querist) 22 December 2011
Sir, wife is not agreeing to mutual consent divorce but she says that she doesn't want to oppose. so i think it must be contested divorce. moreover, she has already filed her W.S. wherein she opposed the prayer of the husband.
ajay sethi
(Expert) 22 December 2011
if wife is not opposing divorce the petiton can be converted into divorce by mutual consent
ajay sethi
(Expert) 22 December 2011
the case of Indrawal v. Radhey Ram. In this case the husband’s petition on the grounds of wife’s adultery and desertion was decreed and wife appealed. At the appealate stage the court asked the wife what she wanted and the wife said that she did not realy want to live with the husband and agreed to a compromise decree of divorce if the husband withdrew the charges. The husband agreed and they were divorced by mutual consent.
ajay sethi
(Expert) 22 December 2011
that a petition for divorce under Section 13 can be converted into a petition under Section 13B if duly signed by both parties and divorce by mutual consent can be granted. In the case of Vijay Kapur v. Suresh Kumar during the pendency of an appeal against an order under section 9 for the restitution of conjugal rights where both parties agreed to withdraw the cases filed by each of them and requested a divorce be passed, the court granted a decree of divorce when it found that no likelihood of reconciliation
Guest
(Expert) 22 December 2011
Dear friend,
If ur wife is opposing then just go for "Mutual Divorce" i.e u/s 13 B,
further, u can call me/ meet me personally any time for any assistance.
Manoj Kumar,
Advocate,
Delhi.
Ph: 09310443650
advocates.agra@gmail.com
Legal Fighter
(Querist) 22 December 2011
Sir, I am repeatedly saying that she is not even agreeing to mutual divorce. She states that she want to pursue other cases and even don't agree for mutual consent only for divroce.
Deepak Nair
(Expert) 22 December 2011
Dear Mr. Legal Fighter,
The two options available for your wife are either fight the case or give consent to divorce. By deciding not to contest the divorce proceedings, she has given her consent for divorce. and an application by your wife is on record for the same.
You cannot deny and consent to the divorce at the same time.
What are the other cases pendig between you? for maintenance? cruelty?
Have your wife filed any case against you?
Please provide the details for better understanding. You have asked about 498(a)in your query. Is there such case pending against you?
Legal Fighter
(Querist) 22 December 2011
498A and DV cases are still pending. She says that I will not appear in divorce case from now onward.
Deepak Nair
(Expert) 22 December 2011
Hi,
Your case is too complicated. A proper solution can only be given by any lawyer after referring to all the fact, documents and other evidences involved in the case.
I am sorry to say that each part of your query are raising more and more questions than answers. Therefore, this can be sloved only by discussing across the table.
Any ways, let us see what the experts say?
Devajyoti Barman
(Expert) 22 December 2011
Then the court can grant decree of divorce ex parte specially on admission of the wife.
Where is the problem?
You can not certainly force her to withdraw allegations in the criminal cases as well.
Shonee Kapoor
(Expert) 23 December 2011
Agreed, the divorce decree in your favor would be granted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 December 2011
As advised in the similar another thread initiated by you on the same matter, you are again advised to complete your evidence and led the argument and accordingly get the desired decree instead of waiting for mutual decree of divorce.
prabhakar singh
(Expert) 23 December 2011
You need to prove your case independently.Then let her contest or give up.The law shall proceed its own way and not on conditions imposed by her.
A. A. JOSE
(Expert) 24 December 2011
I agree with the veiws of experts that you have fight out the divoce case and obtain final decree irrespective of whether your wife agrees or not.
