Legal Question in Family Law in India

reply to divorce petition
I had initially filed RCR petition which is under going in court. IN seprate court my wife has filed petition for divorce on ground on cruelty after expiery of one of marriage. I also want to diovorce the lady but do not want to pay anything to her. She is working lady and there is no kid. 498A case against me & my family members is also going in court. What should be my reply(strategy) to her petition and faster way to divorce and quashing of 498A without any money?
(1) If I deny her all allegations and get agreed for mutual consent divorce in reply to her divorce petition then will judge will force me to gave her permanent alimony? In that situation, Will judge automatically convert divorce application under section 13 to mutual consent divorce under section 13B or she has to withdraw her divorce petition and then there will be fresh joint application with mutual consent and then what will be the fate of 498a case ?
(2) or I should say that i do not want to divorce her by attaching my RCR petition and still want to kept her. She has levelled very wild allegations in her divorce petition which she can not prove. After her helpness in proving her allegations, I can bargain for quashing of 498A in order to give divorce.

Asked on 4/04/09, 7:50 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: reply to divorce petition

1)In mutual consent both parties need to file consent terms. one party cannot file mutual divorce if other is not ready.If both parties are ready then matter can be converted

2)you can continue RCR and ask her to withdraw 498A for divorce by mutual consent.

Answered on 4/05/09, 8:19 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: reply to divorce petition

Your statement gives the impression that you do not want to return her 'istridhan' nor do you want to pay her alimony. However, you have not mentioned the total duration of marriage and off-springs, if any?

You have to be careful that 498-A case may also result into your conviction and imprisonment. Besides, she may also claim damages under D.V.A.

Therefore, it may be better to settle the matter amicably without court intervention.

The pending divorce petition may be converted by the court into a "mutual consent divorce petition" u/s 13B if the matter is settled between the parties and if the separation period of one year has passed.

Answered on 4/04/09, 8:00 am

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Prof.Somnath Mukherjee s.mukherjee associates,09874053359

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Re: reply to divorce petition

I think that you should proceed with the RCR petition by attaching the same in the divorce court. It is helpfull for your 498a case and divorce case to get rid of permanent alemony.For future query you may contact with me in given details.

Answered on 4/04/09, 11:05 am

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