Krishna 12 April 2019

Divorce petition by husband

Wife filed for divorce. while filling counter husband also expressed desire for divorce. Now the wife is unable to prove any of her allegations and husband has evidence of wife cruelty. Now if court dismisses wife divorce petition, can husband file divorce petition in the same court,in same case under counter claim in which section of HMA,instead of filing in another court and running again for 3 to 4 years

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Anil Upadhyay (Lawyer) 12 April 2019

You should present actual position in petition filed by your wife and get divorce..
You can represent your facts in same divorce petition and there is no need to file another divorce petition, if you file seperate petition again then it will be just wastage of time and money.....

Adv Deepak Joshi +917017821512 (Advocate) 12 April 2019

if both spouse are ready for divorce than convert present application to mutual consent divorce petition

TGK REDDI 13 April 2019

For avoiding Maintenance, husband had better file a separate Plaint.

TGK REDDI 13 April 2019

For avoiding Maintenance, husband had better file a separate Plaint.

Dr J C Vashista (Advocate) 13 April 2019

What is your locus standie to the facts of query?

Krishna 13 April 2019

if wife's divorce petition is dismissed by court inspite of husband willingness to give divorce,will husband can get divorce in the same petition?

Nikita Parekh 13 April 2019

The Actual Judgement must be read properly and accordingly question must be put up

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 13 April 2019

If you are not really interested in continuing the matrimonial relationship, you may go for the divorce by converting the present petition into a mutual consent Divorce petition provided that your marriage is more than 1 year old and you both are staying separately for more than 6 months and all the matters relating to maintenance and custody of children are amicably settled.

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