kiran (employee) 22 October 2013

Divorce petition by girl

Hi All,

My wife deserted me within a couple of days of staying together for no reason,.It has been more than 1 1/2 yr since this happened. Now she has filed a divorce petition on grounds of cruelty.

She has prayed the court to grant divorce and other reliefs applicable.

I do not agree to all her claims(cruelty or monetory liability as they are absolutely baseless) , however I agree for the divorce. Also please note that she is a post graduate and is employed.

Please advice me if I should present myself at the court when the case comes for hearing or refrain from attending the court.

Also advice me if a lawyer with a counter petition would suffice.

If I don't attend the court ,let me know what would be the pros and cons of it.

Thanks

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4 Replies

Laxmi Kant Joshi (Advocate ) 22 October 2013

1. Keep the proof of her education and her job with you It will be used at the time of calculating maintenance for herself , if she is earning handsome salary then court will not award any maintenance amount to her . 2. If you both are agree to give divorce each other then go for mcd , 3. If you do not attend court proceeding then it reflects that you are accepting all the allegations which your wife has filed against you in her petition , and on behalf of that court give ex-parte decision in favour of her .

A.Mohamed Thaheer (Advocate) 22 October 2013

Basically, you deny all the charges thro' Advocate by filing a petition. Dont go for divorce mood in emotion. it may affect the social status of both in future . Prove that you are innocent before the court. So many changes and miracles may happen in the life of both for compromising each other

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kiran (employee) 22 October 2013

Thank you lakshmi, i will attend, do i need to file vakalat and or counter or both at a time. I even loss my job becase if her, i am not will to pay single rupee to that lady. I am not having single pie with me. She even betrayed me. Does court insist me to pay money to her? I want to get rid of her, what is time period to get dovorce. Taheer, I have no hope, she want marry her x-lover, i don't have proof to prove that. Pl tell how to get rid of her.

Laxmi Kant Joshi (Advocate ) 22 October 2013

1. If you are sure that after getting divorce she will do marriage with her lover then give her divorce , because after re- marriage she can not claim maintenance amount from you. 2. If you are not sure or confuse about her illicit relationship that she will remarry or not after divorce then talk to her and go for mutual concent divorce , in mcd add one point when you are drafting MC D petition that she will not claim any alimony or maintenance amount or any other claim after getting divorce . 3. engage a lawyer to handle your case carefully. 4. time period to get divorce in mutual concent is at least one year .

Divorce petition by girl

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