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Contested case filed by my wife i want to live together can ny one


07-Oct-2025 (In Divorce Law)
What are the circumstances case would be dismiss which is filed my wife under 13 ia we don't have children
Answers (3)

Answer #1
783 votes
In a divorce petition filed under Section 13 of the Hindu Marriage Act, dismissal may occur if the petitioner fails to prove statutory grounds such as cruelty, desertion, adultery, etc. The fact that there are no children is not by itself a ground for dismissal. The case can also be dismissed if it is barred by limitation, lacks evidence, is filed with suppression of facts, or is opposed to public policy. Further, if reconciliation is possible and the court finds the allegations trivial or not constituting cruelty/desertion under law, the case may not succeed.
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Answer #2
927 votes
yes the element of cruelty if not proved then the case can be easily strik down since your wife has filed on cruelty it cannot be proved because the wear and tear of daily issues cannot be termed as cruelty therethore if properly contested then the case could be dismissed
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Advocate Bobby Portia

Adv. Bobby Portia

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Answer #3
968 votes
There are many circumstances for the dismissing of the petition, based on the facts, evidence supporting it, case on case basis it differs. primarily the petition has to prove the cruelty against you or else it will be dismissed. The Onus is on the petitioner to prove it. feel free to contact for any legal advice.
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Advocate Vignesh Kasinathan

Adv. Vignesh Kasinathan

LawRatoChennai | 25+ Answers
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