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Need information divorce petition


10-Jun-2023 (In Family Law)
One of my friend is fighting a divorce case filed by her husband on the grounds of adultery and cruelty. The case has been pending for the last seven year and presently at the stage of petitioner/husband's evidence. My friend, though fighting her divorce, is also not willing to stay with her husband, however the husband is not willing to go for a mutual divorce. In such circumstances, if the case of the petitioner husband is not proved, and subsequently his prayer is rejected, what is the remedy available to the respondent wife? Can she file an application seeking divorce from the petitioner husband on the grounds of cruelty in the present divorce petition itself, or she has to file a separate divorce petition? Kindly help.
Answers (2)

Answer #1
543 votes
First advice would be to appoint a good lawyer who can fight generously and husband documents. This type of cases are typical in nature. Only once a petition can be filed. You can contact us for such cases
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Answer #2
639 votes
No there won't be a need to file a separate divorce petition. She can file an appeal under Section 28 Hindu Marriage Act, 1955. Further help can be given only upon knowledge of full facts of the case.
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