• Divorce

if only husband wants divorce and wife does not want the divorce then the court will issue the divorce?
Asked 3 years ago in Family Law from Kaarkala, Karnataka
Religion: Hindu
yes if the husband proves the acts of cruelty of wife as alleged in his pleading.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
1) husband can file for divorce . he has to satisfy court that case for divorce is made out on grounds specified in HMA . 

2) please note that contested divorce petitions take years to be disposed of
Ajay Sethi
Advocate, Mumbai
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1488 Consultations
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Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
he will have to prove cruelty
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Court does not grant divorce on asking by a party .Whosoever whether husband or wife files divorce has to prove to the satisfaction of the court, the grounds on which he/she seeks divorce.Feel free to call
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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Ajay Sethi
Advocate, Mumbai
27378 Answers
1488 Consultations
5.0 on 5.0
Dear Querist
This is a matter of contested divorce and if husband proved aall the allegations then the court may passed an order and grant divorce.
Because your query is not disclosed any allegations then I m not in situation to provide best and detail opinion
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
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1. Just wanting to divorce is not enough. He has to file the application for divorce on prescribed grounds based on which divorce is granted as per HM Act,

2. Moreover such grounds mentioned in his application has to be proved with evidence  which will be contested by the wife,

3. The Court will pass appropriate order on hearing both the parties.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0

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