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Contested Divorce

(Querist) 17 August 2016 This query is : Resolved 
Hi due to physical abuse and frequent fights i have decided to file for divorce from my husband. He is also verbally abusive & forcibly kept all my salary with him refusing to give it back. Tried to convince him for counselling but he refused. Also refused to give a mutual divorce hence i have filed a contested petition but its yet to reach my husband. I dont wish to get entangled in a legal battle. Should i mail him to consider a mutual divorce again though i have already filed for divorce under cruelty? Is it ok for me to communicate with him now before the petition reaches him? I still don't want a divorce but doing because no way out as my husband has no intention to mend his ways. Pls help
Devajyoti Barman (Expert) 18 August 2016
Do not communicate with him with written proofs.
You can though open the line of dialogue through your lawyer or any of your relatives.
You can ask for sending your case for mediation by the court as well.
Lakshmi Nair (Querist) 18 August 2016
Can i still go for mediation considering my lawyer is already processing the petition? She will be sending the petition by next week to my husband's family.
Plus i also want to know if it is compulsory to file divorce on the grounds of cruelty under 498a ? Can i file without going for 498a?
Rajendra K Goyal (Expert) 18 August 2016
Let the matter be proceeded through your lawyer or relative.
Lakshmi Nair (Querist) 18 August 2016
Thank you for the response. I do not want to file a 498a but can i file for divorce on the grounds of cruelty without filing for 498a?

I am young and my parents are scared that my future prospects will be disturbed due to the fact that i filed a criminal charge against my previous husband though its a true case with evidence.
Shonee Kapoor (Expert) 19 August 2016
Try to get MCD in mediation. Sometimes contesting the case is the only recourse left. In such situations follow your cases vigorously.


Shonee Kapoor

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