Withdrawal of divorce petition on my terms & conditions.
Jaamesh Bond
(Querist) 13 February 2012
This query is : Resolved
I filed a divorce petition on cruelty grounds after my wife left my home along with my 2 year daughter. In response my wife filed a maintenance petition on grounds of desertion,a restitution of conjugal rights petition as well as a transfer petition in the Supreme Court for transfer of case to her state. The maintenance petition filed by her also contained allegations of cruelty,dowry harrassment, confinement, starvatation, physical abuse against me and all my family members. Later my wife joined me and withdrew the Maintenance Petition on her own, without me having to appear before the Court. The Transfer Petition was also dismissed by the Supreme Court on her request. Now my problem is that I am not able to forget all the false allegations levelled by my wife against me and my family, which according to her was done by her on her parent's instance to force me into withdrawing my divorce petition. I had filed the divorce as she had challenged me to file for divorce while leaving my home and I would have withdrawn the divorce had she appeared in court and asked me to do so. But as she choose a coercive method, I am not interested in my wife at all any more. Still, I want to withdraw the Divorce Petition in the interest of my daughter as I cant bear her separation from me as the custody of my child would naturally go to my wife. On our last hearing of our divorce matter and on my request, the Judge asked me to file terms & conditions in case I wish to withdraw my divorce petition. Please guide me as to how and what terms & conditions I should set forth to avoid future harassment from my wife and in case my wife refuses to agree, what should I do. In case, she agrees, are we supposed to file a joint statement in the court? Urgent Please.
Tajobsindia
(Expert) 14 February 2012
@ Author
1. You need to enggage Advocate to draft terms and conditions as well as MCD First motion Joint Petition and assist you in making unilateral and or joint statement under oath during the said proceedings.
2. In your case if you have thought that your child should be with mother then pay attention to aggreable terms and conditions which can be mutually agreed by both parties talking of present and future. Also note all child related terms and conditions can always be modified / changed in future as they are not binding on a minor. That is why we suggested to sit with an advocate and it is not advised to do it on once own.
3. To your que. on if she does not agree to your terms and conditions then the straight forward answer is that the mutual consent will not happen .
