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NiceGuy (AP)     24 July 2013

How long can a non-genuine wife contest divorce?

What is the actual meaning of contesting a divorce ? (man has filed under cruelty ; Incidents like False PC complaint ; suicide threats for silly issues are recorded ; deserted for 3 yrs & insulted on request for rejoining.
Will the law favour her if she contets saying that she will will not co-habit? Is the law blind to observe the contradiction in her statement?



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 3 Replies

Raajeev Sampat. (Self employed.)     25 July 2013

As per my knowledge and practical experience if the husband is wiiling to reconcile the marriage it is very difficult for the wife to secure divorce.If she wants a divorce she has to prove that there was a very substantial degree of mental trauma,cruelty,violence during the course of the marriage.Even if she alleges that she went through a difficult marriage she has to support that by proofs in court to show that during the period of the marriage there was violence.The proofs which would support her in the case would be bills and inferences of a psychiatrist,a police complaint made to the jurisdiction of where the couple resided and supported by witnesses like neighbours of the couple that she was put through torture.These proofs also have to be dated during the period of the marriage and not recent.The court questions her that if you were under such stress what steps did you take to protect yourself.Proove that you were under threat.The bottomline is that all of this depends on whether the husband is willing to reconcile,if he is willing and says in court that he ready to take her back anytime,she will never be granted divorce unless she has substantial proofs.Also the husband doesnt need to pay anything if he is ready to take her back.A wife cannot walk out on her own accord and own will and also demand money from the husband.If he tells her to go then he has pay her everything if she demands it.I hope i have given you my insights which may help you.I am myself contesting a divorce and fighting for the custody of my children.

NiceGuy (AP)     25 July 2013

Thanks Rajeev, Plz give answer for the exact query; I am asking wat is the chance of a husband to win divorce if the lady contests as well as fails to rejoin wen the Husband gives a chance to rejoin  (though he filed divorce!).Also he has proofs for cruelty as already mentioned. How many more years she can ruin hubby's life?

 

Sincerely,

C.Raja

Raajeev Sampat. (Self employed.)     25 July 2013

 

 

Give me a ring and we can talk at length.8097044030.


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