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How to remove false allegations made in divorce case and then divorce?
04-May-2023 (In Divorce Law)
What should I do if my husband has sent me court summons for Divorce through an Advocate stating all false and wrong allegations against me? He has put dirty allegations like I come home late at night drunk and have wrong friends, etc. along with other false charges.
Do I need to appear on the date of the summon? I also want Divorce from my husband but after all these charges are proven wrong and removed.
How do I proceed in such a case?
Assuming you are a Hindu, your marriage will be governed by Hindu Marriage Act 1955. If you are also willing to divorce your husband then we always suggest our clients to file Divorce under Mutual Consent. The benefit of this is that you both can agree on the terms and conditions of the divorce and be divorced within 6 months to 1 year without any additional litigation expenses.
However in your situation, your husband has already filed divorce petition, presuming under Section 13 of Hindu Marriage Act 1955. For the forgoing reason, you will have to speak to your husband and both of you have to agree to file a joint application under Section 13B of Hindu Marriage Act 1955 i.e Divorce by Mutual Consent.
If your husband agrees for Divorce by Mutual consent then he will have to withdraw the application filed in the Court stating the above mentioned reason.
But, if he does not agree for Divorce by Mutual Consent, in such situation we suggest you to defend your case and adduce necessary evidence in your defense.
In respect to the court summon wherein you are required to be presented before the court, we suggest you to appear before the Court along with with your Advocate.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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