In continuation to question asked previously https://www.kaanoon.com/252567/how-to-get-divorce, Kindly enlighten me on bellow provided queries. In brief, We married on April 2015, One Baby Child birth on 30th May 2017 and were separated on 16th July 2017. After then I tried a lot to mitigate the problems in conjugal rights and kept all proofs which supports me on attempt of conciliation. a) Personal conciliation attempt (Audio and video Recording) b) Conciliation attempt through Society (Samaj Letter) c) Counselling by IIC (Station Diary) d) Permanent and Continuous Lok Adalat, District Legal Authority, statement on my support Strange thing is that my estranged wife filed petition U/S 13 under cruelty ground this mid of March 2021. She made a very bad story to make it in this ground. I also wanted divorce from her, as because she made my life hell. Now my queries are: - 1) Should I defense her petition of cruelty? or put another petition against her like defamation, male harassment, mental cruelty and desertion. 2) How to proceed, which leads to fulfill my interest and get divorce from her? Actually I want a mutual divorce. 3) If I shall provide ex-parte order by not attending in any proceedings, what will be the consequences in alimony, child custody and maintenance?
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You should contest her divorce petition
2) file separate divorce petition
3) both petition would be clubbed together . Court decides issue of child custody , alimony in event of divorce
4) always at liberty to convert existing petition for divorce into divorce by mutual consent
5) consent terms can provide for child custody , alimony or maintenance
As per your query, your wife filed divorce under the ground cruelty .Most probably in such application contain allegation against you. So deny all allegations and contest the case. During the course of your case, try a mutual divorce. Alimony, child custody and maintenance are different matters. In mutual divorce case, before filing the petition both of you come to an agreement in that matters. In contested divorce the person seeking such remedy will file separate petition. If you are not attending the case then you become ex-party. If the divorce is allowed to be disposed of ex-party, it will amount that whatever she has alleged against you has been established before the Court for your not contesting the same.
1. In the divorce suit or in counter to this no case of defamation can be filed.
2. Talk to her for mutual divorce.
3. Ex parte decision is fraught with danger. Don't do that and contest the suit on merit.
Dear Sir,
As your wife has filed a divorce petition for cruelty you can file a counter claim divorce petition on the basis of cruelty or you can try to talk to your wife to file a mutual divorce on agreed terms as it requires consent and cooperation of both parties. Sir your wife can ask for maintenance in her divorce petition and also in a separate maintenance petition under sec 125 Crpc for her and your ward. For getting permanent custody of your ward she can file a petition under guardian ship act, though court has power to pass interim custody orders under the divorce petition as well. The court decides the alimony / maintenance amount on the basis of the both spouse circumstances, income etc. Thus it shall depend on your defense as to how the same is decided. For further assistance you can book a consultation with me.
Thank you
1. You should defend her divorce suit filed against you alleging acts of cruelty. You can also file a divorce suit yourself on the ground of cruelty and ask the Court to hear both the cases together (if both are filed before the same court).
2. You can negotiate with her and jointly file a MCD petition on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing.
3. It will not be prudent on your part to allow her to get an ex-parte order in a case wherein she has made all such unacceptable complaints against you.
1. You cannot file a defamation case or male harassment or for mental cruelty ort desertion separately.
Since she has filed a divorce petition on the grounds of cruelty, you may file a divorce petition from your side also on the said grounds.
2. If she is not agreeing for mutual consent divorce ,then you may file a divorce case on your own on the grounds of cruelty mentioning all the mental cruelties she has unleased against you.
3. The alimony cannot be claimed b y her in the divorce case, she may have to file a separate petition for that.
For child custody, you may have to file a separate case.
