SUGGEST THE RIGHT APPROACH
Arvind Singh Chauhan
(Querist) 09 May 2011
This query is : Resolved
There were various litigation between husband and wife.
Mediation and conciliation board of High court directed both the parties that 1.husband will pay to wife 4 lack.
2.wife will withdraw all cases against husband within 14 days.
3.And both parties will apply for divorce mutually within 14 days.
Husband has paid 4 Lack to wife according to directions.
After that husband has requested to wife for mutual divorce severally. But wife left unturned, she wants to harass husband and to delay the matter .
At last husband filed divorce on the ground of cruelty, referring the conciliation board's direction. Even after the proper service of summon wife did not appeared in court and court passed expartee order. Later wife approaches to court and win over the emotions of court and got exparte order set aside.
Later dates were for W.S but wife sought several adjournment to delay the matter. After all, any how she filed W.S and states "that she was ready to file divorce mutually but husband never approached to court for this. She is still ready for divorce on mutual ground."
Now Sir! what should be the right approach. Whether it should be followed as usual on the ground of cruelty, or divorce should be filed again on mutual ground.
If you were the presiding officer of the court, what order you may pass in such situation.
Still There is no guarantee that wife will sign the petition for divorce on mutual ground ?
adv. rajeev ( rajoo )
(Expert) 10 May 2011
if she is ready for divorce then file compromise petition immediately or proceed with the evidence.
Arvind Singh Chauhan
(Querist) 10 May 2011
Sir what will be if she still denies to sign papers for mutual divorce, after all court can't compel her.
