Tuesday, August 16, 2011

About divorce?

In order to obtain the decree of divorce in an unilateral case of divorce (divorce claimed by one party but resisted by the other party) unless the ground under which divorce is proved to the satisfaction of the court the order for divorce is not ped & such petition for divorce is dismissed by the court. The aggrieved spouse can go in for appeal against the order/judgment dismissing the divorce petition in the High Court or he or she can wait for some time & file another petition for divorce on some other ground or even same ground & plead new evidence exist for such ground for divorce now. This process of filing petition for divorce & defending goes on till one day both finally decide to call it a day for ultimately going for divorce by mutual consent by filling a joint petition for this where no evidence is required for granting divorce or one of the party who has till date defended the petition for divorce now feel like no more challenge it & allow the petitioner/other spouse to get ex-parte order & decree of divorce. Yes till the court get satisfied that actual evidence that proves the ground exist for even granting ex-parte divorce the order for divorce is not ordered however when there is no one challenging the evidence produced by the petitioner to prove his or her issue/ground for divorce then,the court usually take the evidence so produced as true & admit it. If on the basis of the evidence when court if is fully satisfied they grant ex-parte divorce to the petitioner. In your case first to decide what all you actually want? To continue to stay with him or leave him? If you both are no more happy to continue then best course will be to call it a day now itself by filling divorce by mutual consent otherwise by the time you arrive on this decision after few years (8 to 12 years or even more) things would be very late by then. If your husband wants divorce but you don't want, this won't make him to continue conjugal relationship with you even if his petition for divorce is dismissed, no one can be forced to live another person not even court. The various cases pending in courts for the matrimonial disputes get delayed just because of this reason that even if one party wants divorce the other party resists it thinking that this will save the marriage but nothing happens & one day the resisting party has to agree for divorce willfully or unwillingly what ever may be the case. After all you can love some one but you cannot make other to love you is it not so?

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