The respondent can any time accept the divorce petition filed by petitioner at any stage before decree is passed. You can agree for divorce as prayed by wife in divorce petition. Written statement will not come in the way. There will be immediate divorce judgment by the Court.
Divorce but not on mutual Consent
husband filed RCR (restitution u/s 9 of HMA) petition in Feb 2016 in Pune , wife did not appear in witness box. RCR got adjugated in Nov 2021 with one issue in husbands favour(whether Petitioner proves that Respondent has without any reasonable excuse withdrawn from society and Reply was Yes) however husband was not entitled to RCR since it was mentioned that there are multiple cases between litigants and husband does not seek wife for happy married life but only to get child. Wife filed divorce in u/s 13 (1) (ia) (ib) in Aug 2016 in Vadodara and in Written Statement filed in 2017 where husband challenged the petition and prayed it be dismissed (Since during that time in Pune family court a proceeding of Restitution was going on that husband had filed) Since couple is not staying together since January 2016 and 10 year old child is with wife who she took when husband was not there and now husband want divorce now and since 13 B (Divorce by mutual consent is not possible due to unable to settle with mutual terms after 7 failed mediations), what options does husband have to get divorce? 1 Is it possible to make an application in Vadodara Family court and request to Judge to grant divorce based on Judgments on admission ( Since husband too wants divorce and couple are staying seperately since Jan 2016) 2 If the above is not possible, can busband make a request to ammend written statement in Divorce petition filed by wife in Vadodara in Aug 16 - issues are yet not framed- and so can husband file a counter divorce for cruelty Kindly reply to both the questions
Asked 3 years ago in Family Law
Religion: Hindu
6 Answers
1. The court will not entertain any such application filed by one side alone.
Both the parties have to file a joint memo or affidavit expressing their decision to go for divorce after which the court may consider their application for divorce.
2. The party filing the written statement can file an additional written statement because amendment to written statement is not permissible.
In fact the husband can file a counter claim seeking divorce from his side for the reasons he relies upon, even without touching the written statement
In your reply take the plea that you have no objections to divorce being granted
2) husband can file separate petition for divorce
3) both petitions would be clubbed together
Dear Client,
Since you and your wife both want divorce it will be divorce y mutual consent. But you can file a suit for custody of the child.
- As per law, a RCR petitions admissions or evidence cannot be a ground for divorce .
- Further, if the wife has filed divorce petition , then the husband can contest the same and can mention before the court that he is ready for divorce.
1. No
- If living separately for more than two years period , then it can be a ground of divorce , and hence husband can file a separate petition for divorce on this & other grounds.
2. Yes
Yes both option above 1 and 2 available
