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My daughter's Mutual Divorce petation was dismissed by the Court on very first motion date because


19-Jun-2023 (In Divorce Law)
My daughter's Mutual Divorce petation was dismissed by the Court on very first motion date because her hot tempered husband who always torchered her cunningely declined to give her divorce in front of the Judge. We had only mentioned in the petation that as their temperment and nature does not match at all, divorce should be given with no demand. Now in Contested divorce, we want to to mention all the crulities and harresment he did to my daughter. Kindly guide how should we proceed.
Answers (5)


LawRato

Answer #1
579 votes
Sir A contested divorce may be filed for several grounds, e.g. cruelty, adultery, desertion, etc. But before filing a contested divorce one must be prepared with prerequisites and prepare his documentation which will help him win the trial. If you wish, you may consult me in that regard for I practice matrimonial cases in all district courts of Delhi.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRato Delhi | 700+ Answers
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Answer #2
967 votes
You must have processed with the Contested Divorce because in mutual one both the parties must agree with the terms and conditions of divorce. Your daughter has got many options. She can file a petition under section 12 DV Act or under 125 CrPC and claim her monthly maintenance for herself. You can also try to register a FIR under section 498a if the situation is intolerable. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
862 votes
Hello Sir/Madam., as mentioned by you in your legal query that the husband of your daughter denied the first motion in front of judge- do mention such type of behavior in your contested petition which will of course hint to cruelty please feel free to call us for better assistance Thanks
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Advocate Preeti Manderna

Adv. Preeti Manderna

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Answer #4
813 votes
Okay, there is a provision in the Hindu marriage act to grant mutual divorce without force, coerce and pressure, Two dates will fixed for this divorce First motion and Second motion. In the mutual divorce must be 1 year separation .
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Advocate Himanshu Jain

Adv. Himanshu Jain

LawRatoDelhi | 100+ Answers
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Answer #5
893 votes
Sir what is the exact stage of this matter right now and have you filed any other cases or have they filed any other cases and from which state do you belong? And as far as mentioned, the kind of atrocities your daughter suffered yes that can be mentioned and every thing else should also be mentioned in the matter as well.
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Advocate Kanishk Mor

Adv. Kanishk Mor

LawRatoDelhi | 25+ Answers
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