• Divorce

if only husband wants divorce and wife does not want the divorce then the court will issue the divorce?
Asked 10 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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8 Answers

yes if the husband proves the acts of cruelty of wife as alleged in his pleading.

Devajyoti Barman
Advocate, Kolkata
23350 Answers
522 Consultations

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
97594 Answers
7900 Consultations
Devajyoti Barman
Advocate, Kolkata
23350 Answers
522 Consultations

he will have to prove cruelty

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

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
Ajay Sethi
Advocate, Mumbai
97594 Answers
7900 Consultations

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
6319 Answers
302 Consultations

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
27533 Answers
726 Consultations

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