Divorce apply

Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case, then the wife is not entitled to Maintenance u/s.125 of CrPC or under Sec. 25 of HMA. In case the wife claims maintenance, she must prove that she is unable to maintain herself. But if there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim maintenance. If you want to resolve the issue permanently, you can file a divorce petition under Section 13B of the Hindu Marriage Act(HMA) after the completion of one year after the withdrawal of the RCR case. You must withdraw the RCR case, saying that your wife declared that she is ready for divorce. When there is no possibility of cohabitation and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition praying for a decree of divorce before the Family Court/District of the city where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual consent divorce. However, grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. To address a false allegation/complaint or false criminal proceedings if filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec 528 of BNSS). The Sec. 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated according to that complaint before the trial Court against a person. It is essential to prove before the court that the complaint or criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner.