Divorce if a partner does not agree to the charges levied

545 votes

dear client ,you not explained the details as you are not living with him as per Hindu law section nine about conjugal rights he can approach the court, though on morality ground If you are away for a job purpose or medical problem purpose then that can be acceptable,but as per Hindu marriage act such separation should be of three years,don't be hesitate for detailed history which can help for proper suggestion.if you like my opinion please rate me.

Advocate Vijay Kalu Wani LawRato

587 votes

Madam,if you don't contest he will get exparte order in his favour.secondly all the allegations against you will be treated as accepted by you.so file your reply denying all allegations and consent for divorce by mutual consent
Regards

Advocate Vimla Basantani Nagpal LawRato

840 votes

Dear client if u will not contest the divorce then it is deemed that u accept the allegations. If u will not appear in divorce petition then court will give ex party divorce to yr husband. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

927 votes

So Technically you have a year of separation between you two.
So you can convert the Divorce Petition into a Mutual Consent Petition in the same Court
There is no way you should accept the allegations under any circumstances.
If you contest the matter, it stays in the Court for a good amount of years, where you claim for maintenance(and probably get a good sum) and then you keep on taking it as you are the LEGALLY WEDDED WIFE (CANNOT MAINTAIN YOURSELF) and eventually it all ends up in your demand of maintenance matching his offer of payment.
Rather than wasting your years and since you are not in touch with each other as it seems for a year or so.
Why not go for mutual consent. Live Happy. Stay Free
Or Else
Struggle for some time(years) contesting the matter
Get some amount of maintenance per month
and the battle of pressurizing each other begins, and just wait for him to fall for your demands.
But the battle of pressurizing is intense and depending on the facts of your case, it will really guide the pressure in a different way.
Moral: Choose your option wisely
Take Care

Advocate Mrinal Pillai LawRato