Procedure in case wife filed for divorce after 4 months separation.


Wife filed divorce after 4 months of seperation. In court.. Currently counseling is going on in caw cell. What will be the next steps if husband does not want divorce?

Answers (3)


319 votes

Divorce can not be filed unless a one year of marriage is expired. Even if it is filed after one year then there should be reason to divorce between the party, as prescribed by the hindu marriage act. If you do not want to divorce your wife file written statement stating the same along with affidavit. Further file restitution of conjugal rights under hindu marriage act.


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315 votes

Husband shall have to contest the case of the wife on merits. No other way out. Try avoiding registration of FIR at the caw cell. That can be a difficult situation to handle. Same for any other matrimonial proceedings filed by the wife.

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313 votes

you could convey this during the counselling process to the other party and seek to end the dispute between the parties at this nascent stage itself, or else file a separate application for restitution of your conjugal rights under hindu marriage act

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