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reddyb   31 July 2015

Can i request my divorce petition on hold?

Dear Sir/Madam, I married in the year 2012 and since my wife having affair with her classmate(She left my house in Nov 2014) so  we filed divorce petition in family court in March 2015 on adultery and Cruelty..Then they demanded for 20 Lacks ..since we dint agree for that..They filed 498A, Domestic Violence, Rest Conjugal rights, Maintenance, (Under 24a, & Crpc 125) ..Charge sheet also filed on 498A, DV cases...Now i am not able to contest all these cases at a time..(Total 5 Cases) ...

So I have a question..Is there any way that can i hold my Divorce Petition for 1 year or so like that by that time 498a , DV cases i can contest...I am in Deep financial trouble..Kindly Help me out...In these what are all the cases that i can put hold till 498a judgement comes???

I am not in position her to pay maintanance ..So thats why i want to put my divorce petition on hold till 498a case judgement comes????? Please advice sir...



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 7 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     31 July 2015

You may with draw the divorce petition with a leberty of fresh file .consult local lawyer.

reddyb   31 July 2015

Sir..I do not want to withdraw...after divorce petition she filed 498a,DV,RCR,Main cases...First i want to contest these cases then i should go for divorce case

Nitin (marketting manager)     01 August 2015

I think its better to with draw Divorce petition,i could be wrong may be experts can guide,

once with drawn they will continue with 498A as they need to extract money from you,

but dont give, fight until the judgement on 498A, once 498A is proven false that will automatically give you right for divorce,you can claim divorce with out any issue.dont worry much about the cases, if proven false she will not even get any kind of maintanence,[Experts please add your comments]

Rgds,

Nitin

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     01 August 2015

Once you have filed a case, you cannot hold your case, however, you can delay the case by postponing the dates on giving some reason. In your case, her filing of cases against is a pure reaction of your divorce petition, so you can take a plea that, her filing of cases is a after thought and reaction towards your divorce case and can get all the cases dismissed.

saravanan s (legal advisor)     01 August 2015

mr nitin and learned adv vandana are right in their views.once if you can prove her 498a against you is false you can claim divorce on grounds of cruelty as filing false 498a is considered to be an act of cruelty and maintenance to her can be denied but not for the child.

instead of withdrawing the divorce case you can opt for delay tactics

T. Kalaiselvan, Advocate (Advocate)     08 August 2015

The dilatory tactic in the divorce case may help you to prolong the same to certain extent and not beyond a level.  If she has filed other cases against you, you have to contest the same properly or else you will stand losing all the cases including the divorce case filed by you. 

If you believe you have strong evidences and the merits in your side, dont give it up, go ahead. 


(Guest)

Agree with Sri Kalaselvan ji.


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