1) both cases will be clubbed together
2) if wife has filed for divorce on grounds of mental cruelty she has to prove allegations made in divorce petition
3) if wife is unable to prove her allegations divorce petition would be dismissed
Rights of husband during filing of conjugal rights
Sir/madam, my wife has applied for divorce under cruelty grounds which is very false.We had a love-cum-arrange marriage in dec 2013.THERE used to be fights and quarells somtimes which is common in married life.However wife's parents forced her everytime and brainwashed her and finally she put a divorce case in jan 2016.Ours is an intercaste marriage.Wife is brahmin while i am maratha general category.Wife has already left home and staying separatly.Both of us are working in private sector in Pune currently,while court case is in belgaum.We have applied for restitution of conjugal rights in court.We have been repeatedly requesting wife and her parents to rejoin institution of marriage but they are not accepting. i wish to know will court grant divorce without even considering my plea to restore my wife back to me ? There is no sufficient grounds on which wife has applied for divorce.Its all mostly false allegations be put by them which has already proven that its false by my lawyer.Pls advise what rights i have now as a husband.Will court issue divorce even without proper consideration of my plea that i will lead a peaceful life wit my wife rather than divorce ? Pls advise
Asked 7 years ago in Family Law
Religion: Hindu
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7 Answers
1. Since your wife has unilaterally filed the petition for dissolution of marriage she will have to prove her allegations to the hilt in order to succeed in the court. You can contest her petition fittingly. In contested divorce petitions it is not a cakewalk for the petition.
2. Once you accept the summons you can also apply to the court to refer the dispute to mediation to reconcile the differences.
1. Since both suits are filed by each other the court would consolidate both suits and will give analogous hearing.
2. In analogous both of you will have change to lead your respective evidence and defend your respective case.
3. After the contested hearing the court would pass the verdict who could manage to prove his/her case.
4.This is how the decree in court is passed,
Dear Querist
My opinion on your queries are as under:
i wish to know will court grant divorce without even considering my plea to restore my wife back to me ?
Opinion: The court shall issue a summon to you and without given opportunity to hearing the court shall not pass any order of divorce, fight the case on merit and try to win the case or try to settled the matter amicably before counselling.
There is no sufficient grounds on which wife has applied for divorce.Its all mostly false allegations be put by them which has already proven that its false by my lawyer.Pls advise what rights i have now as a husband.Will court issue divorce even without proper consideration of my plea that i will lead a peaceful life wit my wife rather than divorce ? Pls advise
Opinion: the court shall consider all the plea or objections raised by you too and if you proved that there is no cruelty against her committed by you then court shall dismissed her petition.
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If you feel that this is an absolute false case filed by her, you may challenge her grounds and merits and evidences in your side.
The court will decide on the basis of how the case is being argued before it by the disputing parties and the court will be convinced on the basis of evidences presented before it.
You can instruct your lawyer to establish her falsity in the case by extracting the facts from her mouth during cross examination.
You can strongly fight your RCR case which will be an additional advantage to your defence in her case.
thank you. the court proceedings & the court summons have started from last year. me and my wife have attended quite a few court summons and hearings in last year.before summons, 2 to 3 times the conciliation process has failed because wife does not want to come back to me and lead a normal marital life but I wish to lead a normal marital life with her.despite my convincing her and the family counselling officer/lawyer advising her to take her decision back she is not yielding and she does not want to come back and lead a normal marital life with me. also note that the cross examination and evidence process of my wife and her father has been done by my lawyer and my lawyer has already proven that most of the allegations which her father and my wife have put against me that I mentally tortured her that I have inflicted mental curelty to her are false.however I was not present during this hearing how due to my work commitments. this upcoming week my wife's lawyer will be doing cross examination and evidence of me. please advise me how to tackle the situation and what should be my preparedness for this cross examination.thank you
Asked 7 years ago
Your lawyer will prepare you for cross examination
2) you must have filed affidavit of evidence
3) you would be cross examined on the averments made by you in your written statement and affidavit of evidence
Even if you are fully prepared, you will not be able to answer the questions put by the lawyer during cross examination fully and properly becasue certain questions would e spontaneous. Hence constant vigil, understanding of the questions shot at you and remembering the facts and the events that has taken place earlier would help you to tide over the situation. Dont be unnecessarily worried about the cross examination, because that is not final.