• Divorce

My divorce case has started in court 2 vaida had been given & next hearing is on next month, pl confirm if my wife disagree to give a divorce what would be my status, i don't want to live with her anymore & how long does the case will go on, pl advise.
Asked 3 years ago in Family Law from Chengalpattu, Tamil Nadu
Religion: Hindu
your wife has to file her written statement . case will be refrred for counselling inorder to explore possibility of  reconcilation between parties . if counselling fails case will proceed on merits . your wife can refuse to give you divorce . . contested divorce cases takes some years to be disposed of
Ajay Sethi
Advocate, Mumbai
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If your wife is not willing to give you divorce then she will file her reply to your divorce petition and a contest will be set up in the court. After her reply is filed you will have to submit the evidence in support of the grounds on which you have sought divorce. The case will be sent for mediation where the mediators will strive to bring reconciliation between both of you. If mediation fails the case will be remanded back to court for being decided in accordance with the law. She can certainly refuse to give you divorce.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Dear Querist
file an application before court u/s 21B of Hindu Marriage act for speedy trial.
21B. Special provision relating to trial and disposal of petitions under the Act.
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from clay to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.
Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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dear client if your wife refuse for divorce u have to prove those grounds in court on which u are seeking divorce. for detail discussion u can cll me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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in your petition for divorce you must have made out a case for divorce on grounds of mental cruelty . in your evidence you have to narrate those incidents .you would be cross examined by your wife advocate  if court is convinced that incidents mentioned by you constitute mental cruelty you would get divorce .
Ajay Sethi
Advocate, Mumbai
23317 Answers
1220 Consultations
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you cannot improve upon your case made out in petition filed by you for divorce . for instance refusal to have sex amounts to mental cruelty . filing of false 498A case  wherein you have been acquitted would be mental cruelty . 

making false allegations of having affairs with other ladies   would amount to mental  cruelty
Ajay Sethi
Advocate, Mumbai
23317 Answers
1220 Consultations
5.0 on 5.0

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