Asked in Divorce
You have options either to contest and get divorce by contesting your case or get it exparte by facing unseen consequences. Take immediate help of local lawyer to proceed further. You can not depend upon this portal advice which based on primafacie. Better take paid full Consultation.
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
1. appear and do contest the case, 2. since both of you wants divorce, therefore, chances are there for the mutual understanding, 3. yes, you can, 4. you have to deny the allegations of cruelty, and also her prayer for the divorce but in the counterclaim alleges her of cruelty/separation and make a prayer for the Divorce, 5.
Hello, i would like to warn you regarding the consequences for ex-parte decree passed against you, there is higher degree of possibility your wife file a case for maintenance under 125 crpc in the same court, then you will be having a fewer defence to protect you. File a written statements with the counter claim for divorce and refer the case to mediation cell through court as both parties wants to get seperated. if all goes well, she will withdraw her case and you both file for mutual divorce together...You have to give her something in alimony this is the only question which has to be sorted.
Answers question-wise: 1) if you opt for ex-parte decree, whatever allegations levelled by your wife will be construed as accepted by you and whatever written in the order will be binding upon you. 2,3 & 4) you can mention willingness in written statement with your reservations, if any. You can request and pursue court to pass appreciate order by which court can dispose of the case with liberty to file application for mutual divorce. answer of last un-numbered question: if you file application under sec 13B, both can get rid of each other much more faster. But if both of you are continuing with 13A application, both of you have to contest case on all disputed facts, thought you both want same result, it will consume more time, energy and add to mental agony. with you best luck.
If there is no claim for alimony then let it go ex parte. Have Divorce Decree free of efforts.
if you are accepting her demands and both of you want to amicably part ways the best way to get divorce is by mutual consent and ask her to withdraw her case after filing the mutual consent divorce first motion.
what you think or do exactly, because it seems that you are 50% agree to give divorce.....plz file your Written Statement and fight this case.....if you neglect this case you may be divorcee but the another party will ask maintenance.....if you both party compromise on mutual divorce without any compensation or maintenance....that would be better
give reply to divorce petition and told your advocate to give consent for divorce
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