Asking Divorce on mental cruelty at later stage

@ Author

1. Yes that is one of the options. However S. 23 A HMA is tough Section to plead simultaneously.
1.2 Alternate could be to file an Application under O 6 / Rule 17 CPC and S. 151 CPC R/w S. 10 FCA to CONVERT original RCR now into Diovrce by amending / deleting paras of the plaint as well as repleading (amending) original prayer clause too.


However, since she filed for divorce first it is obvious that she will not like ot remain idle so she will also file for maint. / litigation expenses etc. If she files them then her say will be heard first than your convertion application. Even if you withdraw RCR and later file proper Divorce then it may not make much sense as both of you want divorce. Propriety hints before she files any maint. case since you filed first an RCR better to withdraw and do not defend her Divorce which means she will be in tight position to advance her side of evidences and then see the fun as your main purpose of divorce is also indirectlty conveyed to concerned Court (is it not !).

Hence weigh the options and act smartly what actually you really want out of all these litigations.

@TajobsIndia ,

If hubby do not defend divorce petition by wife, wouldnt he be liable to pay more maintenance to wife later on ?

Or the pointer (mentioned in above post )  is to get the case quickly moved to evidence stage and then putting all evidences against her to court to level her allegations ?

@ Author

1. If one wants the case to move expressly then follow the maint. Order and make petitioner / wife to bring Evidences followed by cross examination in her main suit (here divorce) etc.

1.2 By not defending the case you are indirectly telling Court to come to framing of Issues followed by her side submission of witness list further followed by witness cross by your side etc.

1.3. NO; maint. (in HMA) is independent procedings and it has not much to do with quality of defence in a Divorce proceeding if husband is also agreeing for divorce (here you say you also want divorce). Maint. is based on ability, neglect and or Status of parties all to be established by petitioning / wife prime facie (under HMA). If you simply file w/s to her maint. application (if any) and or even do advance arguments instead of written reply then it all will be considered and pops the interim order on interim maint. and atleast her main case moves if you regularly meets the interim maint. Order of the court further provided you feel it is beyond your means and unless you want to go for its Appeal.


That is why I mentioned, weigh pros. and cons. from all angles if we are talkign here of HMA proceedings only. But whatever you do if she has not filed till date any. Maint. application and you also want divorce then sense and sensibility says to withdraw your RCR and defend and or agree to her already filed Divorce suit. {I am not sure how much is the gap between your RCR and her Divorce suit filing and if there is large gap then this is possible to do}

@Tajobsindia

Please help me to understand what you mean by

"Propriety hints before she files any maint. case since you filed first an RCR better to withdraw and do not defend her Divorce which means she will be in tight position to advance her side of evidences and then see the fun as your main purpose of divorce is also indirectlty conveyed to concerned Court (is it not !)."

Simply withdraw RCR and not defend her divorce petition. Is it what you mean? If yes, will the case be decided against me if i choose not to defend? I want to get divorce on mental cruelty ie. her fault.

@ Author (last reply)

All the best.

1. Yes, that is what I mean thinking that you also want divorce.
1.2. No it will not be decided against you as you choose not to defend yourself. Here she has to work hard to seek decree in Divorce happen in her favor. if she can't ptove the charges (issues) then she will nto get divorce.
1.3 In that case follow S. 23 A HMA by withdrawing RCR and once you succeed announce here particularly I and a past author who asked same que. (@ Vishal Indurikya) will be most happy to know such outcome.
1.4 Another way out is to withdraw RCR and defend her divorce by whatever special evidences now you claim to have that also may help you in getting divorce in your favor if your evidences are of silver quality.
1.5 You may discuss these with your appointed Ld. Advocate.

@Tajobsindia,

Thanks for the advice.

Here, what you actually mean by not to defend...not to submit evidences and not appear in court on dates...or just submit the evidences in hand and remain absent...

Not understood again      :(

WHETHER RCR and  divorce case filed by wife ARE IN the SAME COURT OR SEPERATE COURT?

1) Now, after submitting some evidence in his favour, can he file for divorce on mental cruelty due to false allegations as another fresh petition?

---   rcr will reach you to divorce. is it, wife objected rcr on cruelty ground? if   you start a seperate case you have to go to the same procedure.

prepare your strtegy according to the situation.

2) If yes, should he withdraw RCR first? 

think before wthdraw.