How to defend a divorce case filed by husband

571 votes

In the present case you have to find out as on what basis the Divorce Petition is filed. The Court cannot unilaterally grant divorce to the husband. If you are against the divorce go to the court and negate the demand of your husband and then the burden will be on your husband to prove the charges that he has based his divorce petition on.

Normally, The wife has a right to turn down a divorce; she can refuse to divorce even after filing a petition for divorce through mutual consent. Following this, the court will typically dismiss the petition for divorce through mutual consent.

In such a case, as the husband wishes to divorce, he will have to separately petition to the court to grant the divorce. Such a petition can be made by the husband only on certain grounds like Cruelty, Adultery etc.

The court will call upon the husband to prove the ground sought by him for the divorce; the wife will be called to disprove the allegations. If the husband's allegations are proved, the court would award a divorce, even if the wife does not wish to divorce. If the allegations are found unsubstantiated, the court will dismiss the divorce petition.

Advocate Aditya Kumar Singh LawRato

857 votes

first of all you engage a lawyer for contesting your case on behalf of you but you should be present before the court and secondly you can file a petition for restitution of conjugal right and file a petition for maintenance, if you want any further assistance then you can contact me

Advocate Nitin Kumar Jain LawRato

865 votes

If you got the summon , you have to appear before the concerned court to put forward your case. If you are against this divorce petition, you have to engage a lawyer and fight against your husband. You are entitled to take maintenance from your husband even during the pendency of this case. So don't worry. You have ample options. Fight for your rights. Revert me. All the best.

Advocate Atul Patni LawRato

916 votes

If a divorce petition is filed then first of all, file a WS for the same stating all the facts concluding your prayer and the relief you want from the courts and simultaneously file a transfer petition in Supreme court so that the divorce petition can be transferred in your city.

Advocate Ashish Chopra LawRato

832 votes

Get it transferred to the court having jurisdiction over your present abide by filing a transfer petition in the Supreme Court of india and seek maintainece pendent lite from your husband for contesting his petition

Advocate Yogesh Chhabra LawRato

320 votes

Q: What happens if the husband files for divorce in India first? The husband will have to provide sufficient evidence in India before the court, proving the grounds for divorce beyond reasonable doubt. The laws do not limit divorce petitions by husband.

Advocate Chikirsha Mohanty LawRato