Whether contesting divorce petition means interest in continuing the relation?
Gopan
(Querist) 01 December 2013
This query is : Resolved
If one spouse do contest the divorce petition, does it implicitly means the he/she is interested in continuing the marital relationship?
Can the other spouse tell the court that I'm not interested to continue the relationship, but I'm contesting the divorce petition just because the allegations are false and the same defamed my status in society so I want to disprove the same and get the judgement in my favour? Once I get the judgement, I'll file for divorce on ground of mental cruelty arising out of false allegations.
Whether such a viewpoint maintainable in court?
T. Kalaiselvan, Advocate
(Expert) 02 December 2013
You can contest the case on the said grounds but you do not have to tell the judge that after this I will go for divorce on the grounds of cruelty that you can do it now itself while denying her allegations.
Gopan
(Querist) 02 December 2013
@Kalaiselvan sir,
Yes, I've read here that I can deny her allegations and at the same time counter file divorce on mental cruelty or other grounds.
But the issue is that I'm not sure whether I can get her divorce petition dismissed bcoz of lack of evidences in family issues. Also, I don't have strong evidences in hand to file counter divorce on other grounds.
In this situation, I think its best to contest her divorce petition first and once I get it dismissed on merit, file for divorce on ground of mental cruelty arising out of false allegations.
Please advise.
Thyagarajan
(Expert) 02 December 2013
Yes. You are thinking on proper lines.Get yourself cleared of false allegations.If you do not have proper proof to contest get to know on what proof the divorce petition was made and plan your counter.
ajay sethi
(Expert) 02 December 2013
in your written statement take the plea that you have no objection to divorce being granted provided she with draws all allegations .
ajay sethi
(Expert) 02 December 2013
in your written statement take the plea that you have no objection to divorce being granted provided she with draws all allegations .
Rajendra K Goyal
(Expert) 02 December 2013
Case may be contested for prolonging also.
Raj Kumar Makkad
(Expert) 02 December 2013
Denial of the divorce petition ipso facto do not means the restitution of conjugal rights rather it may be denial of the allegations leveled in the petition itself.
malipeddi jaggarao
(Expert) 03 December 2013
Well advised by experts. No room to interfere.
