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Contested divorce by Husband for 3 years, now he also wants divorce
02-Oct-2026 (In Divorce Law)
Wife filed divorce case 3 years back and husband contested the case. He only filed written counter but not filed any counterclaim. Now the case is in stage of petitioner evidence closed and respondent evidence to start. Now when husband is ready to give divorce, wife is not agreeing for mutual and trying to drag on the case. Now whether in chief examination, can husband file chief saying that he is now willing for divorce and doesn't oppose petition anymore. Will judge accept and grant divorce.
The husband can tell the Family Court that he does not want to contest the divorce case anymore and that he is ready for divorce. However, simply saying “I am ready for divorce” is not enough for the Court to automatically grant divorce. The Court must still be satisfied that the legal ground taken by the wife in her divorce petition is proved or clearly admitted by the husband. If the husband clearly admits the relevant grounds and does not oppose the petition, the Court may grant divorce without continuing unnecessary evidence and delay.
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Adv. Nikhil Karwal
Adv. Nikhil Karwal
Delhi | 25+ Answers
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It doesn't work that way. If you do not contest anymore, probably the court is going to allow not only the divorce but will also allow the other prayers sought by your wife, e.g. alimony, costs of litigation, etc. to your wife. It's better to take it to the mediation and settle it there. The court is probably going to listen to you as Sec. 9 of the family court states that the courts make endeavours for reconciliation of the contesting parties. Your advocate should smartly handle this and it can be resolved.
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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The divorce can be granted to wife on the ground of cruelty. let the husband not contest it further. the Wife will get divorce decree from the Court on the basis of this contested Case.
Of both parties can come to some settlement terms,
only then the mutual divorce can be filed.
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Adv. Anunay Sahay
Adv. Anunay Sahay
Delhi | 5+ Answers
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Assuming the proceedings are under the Hindu Marriage Act, 1955, the husband can, during his evidence, state on oath that he is no longer opposing the wife’s prayer for divorce. However, mere change of stand or admission does not automatically entitle the wife to a decree.
The Court must still be satisfied that the statutory ground for divorce pleaded in the wife’s petition—such as cruelty or desertion—is established by evidence. Section 13 requires a decree to be based upon a recognised statutory ground.
India Code
The husband’s failure to file a counterclaim is not, by itself, fatal. Section 23A permits a respondent to make a counterclaim, but it does not make a counterclaim mandatory merely to contest or subsequently not oppose the petitioner’s relief.
India Code
Therefore, the husband may file an affidavit/evidence stating that he does not oppose the divorce, but the Family Court should ordinarily proceed on the existing pleadings and evidence rather than grant divorce merely on that admission.
If both parties genuinely agree, they may instead explore mutual-consent divorce under Section 13B, subject to its statutory requirements.
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Adv. Prasanna Mohan
Adv. Prasanna Mohan
Delhi | 25+ Answers
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Yes, husband can state in evidence that he does not oppose the divorce. But divorce is not automatic and wife must still prove the ground pleaded in her petition. Without a counterclaim, husband cannot independently seek divorce.
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Adv. Shivani
Adv. Shivani
Delhi | 5+ Answers
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