Will divorce be granted without proof of cruelty?

If you are not getting divorce on mutual consent that means you have to contest. I would rather say you are forced to contest divorce. There will be two counselling sessions. Let her say whatever she wants. You do not lose your temper. Let her lose her temper. There are a lot of things you have to worry about. Do you have house on your name? If yes then it is time to gift it to one of the family member. If IRBM law passes in Lok sabha then we all are screwed. You have to give 50% share in your property. It is waste of time and money. 

Coming to your question on MENTAL cruelty, you have to first read what she writes in her petition. Try to find answers to those questions and let court decide. Do not pass too much information to your lawyer before court date. My lawyer talks to opposite party and tries to make money from both sides. Get her employment information as well if she is working.

Thanks Dhanesh.

I do not own any property in my name, Her statement in the petition says that I tortured her severely in several different ways and created her mental agony but  did not list any activities/instances specifically. The court order says that the petioner has asked for judicial separation (assume this means divorce) and so asked me to appear in the court and respond to the claims.

She is working in a private software company, but do not know how to get her salary information.

Dear Ramesh..

If you are really  a victim of wife's legal terrorism ,than pl.visit to advocate seema dhobale's website. You will find every details to fight to prove your innocence.

May be you can seek her advice.

You have to challenge the allegation of MENTALLY CRUELTY to disprove it and to prove your innocence in the matter. Don't be afraid of and be courageous to stick to your stand. If the allegation of mental cruelty can be disprove you will get a chance to file defamation cases under civil and criminal law against your wife and subsequently can claim damages and compensation for such insinuation..Feel free to take my further advise if needed.  I am totally against such mischief.

Give her consent subject to with drawl of her allegations. Then divorce be very easy.  I think putting objection is waste of time and money. Just ask her to with draw allegation & no alimony. Ofcourse no further cased on u r ur fam or frnds or relatives

In my opinion, if what you stated is to be taken as true,  your lawyer is not guiding you properly.  There is no such thing in law that the court will accept her version just like that without she proving her case. In my opinion you may go for changing the counsel immediately and engage a better counsel to fight for you.  If she agrees for mutual consent by withdrawing the present case, go by it or else contest this case because the allegations will remain in the judgment for ever.

Thank you Mr. Biswanath Roy and Mr. Kalaiselvan for clearing the air. I can now confidently contest the case and as rightly said I will have to change my lawyer. FYI, I am working in USA now,  I think the girl's intention is to take advantage of my situation so I will not contest. Please advice should I have to appear for every hearing or can my lawyer represent me in the court. I am not rich to make multiple visits to India, even if I am willing to spend , one cannot expect my employer to grant leave (atleast one  week if have to travel to India everytime) whenever I want. 

Like I said earlier, I have no problem for divorce on mutual consent but the girl's side is so rough. Ever heared of a mother-in-law asking her son-in-law as why he is using condom while sleeping with her daughter, that too in a commanding tone? It happened to me. It is so emabarassing to even put this out here. This is just to say that I was the one who got humiliated and mentally harassed and they are claiming they were tortured.Height of irony.

Thanks to Janak and Vivek for your inputs.

Generally nobody goes during the first date. I didn't go to the court till second date. Meantime I sent Restitution letter asking her to come back. I knew she won't come back but I can show my good intention to judge. Later there will be two counselling. Since in your case you are abroad you can ask for web conference. If they cannot arrange then too bad. Your wife may file domestic violence, 498 etc etc. for which police may arrest your family members and they may want you to come back to India and all that. So it is better to talk to SP in your area in advance and arrange anticipatory bail for your family. 

I am not an advocate, but do read this carefully:

Adv. Kalaiselvan put it rightly... "your lawyer is not guiding you properly.  There is no such thing in law that the court will accept her version just like that without she proving her case. "

What you should do is to file a counter-suit asking for Divorce based upon mental cruelty by her to you. Show all the allegations are false and that in-effect is mental cruelty to you. Get a good advocate to do this because most advocates are not even aware of this approach - Tit-for-Tat. You will be able to do this in the same petition but you must do it at the time of filing your Written Statement (or so I think). Check the rules. I am sure you can file it later too if you can give some excuse... GOOD LUCK!!

In your case you may send your representative at my address at KOLKATA for a personal meeting on the subject for successful guidance to win over the case by application of legal tricks against usual professional terms.if you so desire. 

Date and time of the proposed meeting may  be fixed by prior appointment  only over phone .

MY ADDRESS & PHONE NO.:-

BISWANATH ROY Senior Advocate                                         PHONE NO. 09836858000

'DEVI APARTMENT' ( 2nd.Floor, Flat No.8 )                      E-mail :- bnroy.advocate@gmail.com

22, NARAYANTALA ( WEST )

BAGUIHATI,  KOLKATA -700059, WEST BENGAL

'D

In your case you may send your representative at my address at KOLKATA for a personal meeting on the subject for successful guidance to win over the case by application of legal tricks against usual professional terms.if you so desire. 

Date and time of the proposed meeting may  be fixed by prior appointment  only over phone .

MY ADDRESS & PHONE NO.:-

BISWANATH ROY Senior Advocate                                         PHONE NO. 09836858000

'DEVI APARTMENT' ( 2nd.Floor, Flat No.8 )                      E-mail :- bnroy.advocate@gmail.com

22, NARAYANTALA ( WEST )

BAGUIHATI,  KOLKATA -700059, WEST BENGAL

'D

If your wife is ready to withdraw the case . give first priority to MCD and accept the same immediately without second thought. Don't waste your time,energy and money for taking revenge Other wise your life's most important year will be brutely wasted over this stupid things

@ Mr. Biswanath Roy, Thanks for the contact info. My family is in south of India, so someone getting to Kolkata is not a option for them at the moment. Anyhow, will keep the options open.

Please advise , if I have to appear for every hearing or can my lawyer represent me in the court.

@ Janak, Thanks for your concern. I am in no mood of taking revenge nor I have any intention to make her life miserable. Though it hurts, I am trying to move on but they are the one holding up. What can i do if I they do not attend the calls or respond to emails or abuse the people who visit them ? Like Dhanesh said , I am forced to contest this because of their stupidity. I know the value of life and pretty clear about not ruining my life because of some senseless selfish people.

People are dying for divorce and it is coming to you naturally so why afraid.

Regarding her allegations she will have to prove in the court so after dew dates when both parties get exhausted  go of mutual divorce .