• Divorce

Wife has filed a divorce petition levelling dowry demand charges against me...i have been discharged from lower court in 498a charges...appeal by her is pending in session...i too want divorce from her nw...tried every step to bring her back...even rcr case won by me...i too want divorce from her but she is not agreeing fr mutual divorce....she want to contest case ....wht should i do....what should be my reply in divorce petition
Asked 12 days ago in Family Law from Amritsar, Punjab
Religion: Sikh

1) deny allegations made in divorce petition filed by her 

 

2) enclose copy of order passed in 498A wherein you have been discharged

 

3) also file for divorce on grounds of mental cruelty 

 

4) wife filing false dowry harassment case amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

See it would be better in your case that you.can plead before the court that you deny all allegation still want a divorce from her. The court can ask or persuade her for mutual divorce if she agrees further contest the maintenance application if filed by her.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

Dear Sir,

You have all good grounds to divorce case.  And also the Supreme Court judgments says that :

If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

Dear Client,

If she does not return to cohabit with you within one year from the date of awarding of RCR, ground of divorce and it is a settled point of law that if either spouse lodges a false complaint, it would invariably amount to cruelty and would enable the other spouse to file a petition for divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
8241 Answers
7 Consultations

4.7 on 5.0

your reply in divorce petition should contain some facts which reveal your intention before the Court like 

1. No reunion despite RCR won by you,

2. separation since long (you know the time)

3. acquittal in  498a (acquittal itself is a ground for divorce)

4. tired of never-ending litigation

Suneel Moudgil
Advocate, Panipat
232 Answers

4.0 on 5.0

File separate divorce petition 

 

2) wife woukd be granted maintenance in only one divorce case 

 

3) you must contest the false divorce case filed by wife failing which court would award her reliefs claimed in petition 

 

4) wife may have exaggerated your income to claim high maintenance.need to present true facts before court 

 

5) it will not have adverse impact in dowry harassment case 

Ajay Sethi
Advocate, Mumbai
58473 Answers
3536 Consultations

5.0 on 5.0

1.you may need to defend in accordance with facts.

2.deny all allegations of wife. 

3.contest the case on merits. 

4.you can file divorce case on the grounds of mental cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

1. No reply of same divorce petition can be filed.

2. Yes she can file .

3.See it can.effect in same also and also.court can grant maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
13124 Answers
50 Consultations

5.0 on 5.0

1) If you won the RCR case than don't go for divorce and don't' put yourself in trouble for future life.

 

2) Better if you reply to her Divorce application let see how much she can demand for maintenance for monthly alimony. Her monthly maintenance may come to your 25-30% net salary income. 

Ganesh Kadam
Advocate, Pune
6054 Answers
43 Consultations

4.9 on 5.0

Dear Sir,

Answers are as follows:

1.shall i file separate petition of divorce than her?
Ans: You have to file separate petition on the basis of cause of action arised in RCR decree, it will immedialtely disposed off.

2.she has maintenance application in her divorce petition...if i file divorce too separately,can she file maintainence application in tht too??

Ans: Only one maintenance is maintainable.
3.if i don't contest her divorce application..let it get exparte...can that have adverse effect on appeal of discharge case against me
Ans: Defiantly, it amounts to admitting allegations made by her in her divorce case.

 

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

If her divorce petition is pending than you should file cross claim on above given grounds. No separate petition.

NO, let it be ex parte but than court will pass ex parte maintenance order too.

Yogendra Singh Rajawat
Advocate, Jaipur
8241 Answers
7 Consultations

4.7 on 5.0

You don't have to file a separate application. You can file a counter case. You can oppose her maintenance application.

Yes she can apply maintenance application in any application anytime. She will also get exparte maintenance in that divorce if not challenged by you 

 

Prashant Nayak
Advocate, Mumbai
6126 Answers
5 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been discharged under the charges of 498a, and divorce case is pending.
  2. As you said that you also want divorce, let me tell you that you can’t file a saparate divorce petition when one is pending by other side of the party being a member of the same marriage life.
  3. In this situation, I would only advice you to be little casual about the case and let her win if you are ready to give some alimony to her.
  4. If not then contest the case and win. Therefater, file a separate divorce petition on the ground of cruelity and get succeed in that to avoid any alimony to her.

Sanjay Baniwal
Advocate, South Delhi
3416 Answers
7 Consultations

5.0 on 5.0

1. no need to file a seperate petition, you can make a counterclaim in the divorce petition filed by her,

2. she can claim, therefore instead of filing a seperate petition, you can make a counterclaim in the divorce petition filed by her,

3. why exparte, what benefit will you get, it is she who gets benefitted from exparte, not you, go, engage a counsel and contest the petition.

Good Luck

 

Suneel Moudgil
Advocate, Panipat
232 Answers

4.0 on 5.0

You can deny all her allegations in her divorce petition.

You level your own allegations and state you also would make a counter claim for divorce on the grounds what you pleaded.

You can also mention the acts of cruelty done by her which may include her false 498a case which was dismissed by the trial court.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

1. It is up to you to file a separate divorce petition with our own grounds and pleadings or to make a counter claim in her own petition while filing your counter to her petition seeking divorce.

2. Since she has interim maintenance in her petition he cannot seek same relief in your petition also.

3. The appeal against the 498a has nothing to with this exparte divorce.

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

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