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Pramod Bhaskar (na)     10 August 2012

Contested divorce

Hello,

I have filed a case against my wife for divorce for mental harrasment, cruelty, excessive spending and public embrassment. However my wife is not willing to give the mutual constent. She says that she needs me at any cost and cannot let me go. She admits her mistake and says she wont repeat again but i have lost the trust and hope because i have given her many opportunities in the past and she is ok for about a week or so and starts repeating the same mistake again.

Its been about 7 months now since the case is registered and she is not williing to sign the papers. She is also claimed a maintenance case against me and she says that she will never sign the papers at any cost.

The mediation failed and its gone back to the court.

I want to know what will be the outcome in such cases, how long can the case go on. Will the court give me the divorce even if the other person is not agreeing to it.

What is my alternative.

Pls advise

 

 



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 August 2012

In case of contested divorce, you will have to prove all the allegations in the court made against her. If you fail to prove them then, your divorce petition will be dismissed.

rajiv_lodha (zz)     10 August 2012

Also understand that the loser has the right to appeal in HC & then SC.

SO CALCULATE THE TOTAL TIME A CONTESTED DIVORCE MAY TAKE?

Pramod Bhaskar (na)     10 August 2012

Hello ,

Thank you for response.

How do i prove the mental torture and nagging that i underwent. These were constant fights and irritation. Excessive spending i could probably show the credit card statements of shopping made by her. would that be off any help.

Please advise, looking forward to hear from you. need help so that i can be better prepared

rajiv_lodha (zz)     10 August 2012

Most of the fights b/w husband n wife happen inside the four walls of the house. So no concrete evidence can be gathered/produced. Divorce is anyways a civil case, so preponderence of circumstances or evidence is only necessary.

IRRITATION/EXCESSIVE EXPENDITURE by wife are no-way considered CRUELTY!

U say that u have already filed the divorce case under cruelty, so ur advo must have discussed with u about the road ahead. Lead ur evidece to get decree in ur favour.

No way to expediate/by-pass the process


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