Mutual consent divorce
sandykrish
(Querist) 01 July 2014
This query is : Resolved
Hello Learned Members,
Here is a brief background of the case, wife deserted the husband in December 2012. After repeated calling, societal panchayath wife didn't returned home.
Case of HMA 9 was filled in August resulting in Mediation, in mediation she told she need divorce and we filled 13 B in January and case is up for hearing next week.
In the meantime my lawyer told me not to withdraw the RCR petition as he knew the girl is mentally not stable for any decisions. So I am attending all the dates and have requested the Judge to give the shorter dates Probably by July 21-22 ish to update him on the status.
Now My questions:
1.If wife turns up and says that she wants to withdraw the 13B petition is this amounts to mental cruelty as she was the one who told who wanted divorce and she is the one who might withdraw the petition. She is not attending the RCR case also.
2. Is it good to continue the RCR case or withdraw and file contested divorce. Which is the best option?
Desertion of 1.8 months
Looking forward for your healthy feedback!
V R SHROFF
(Expert) 01 July 2014
WAIT AND WATCH WHAT HAPPENS ON IInd Motion of 13B.
no cruelty in case wife turns up and says that she wants to withdraw the 13B petition .
KEEP QUITE ABOUT RCR for the time being.
Withdraw if Decree of 13B passed, on same day, taking on brd. .
ajay sethi
(Expert) 01 July 2014
agree with Mr shroff . it does not amount to cruelty if wife with draws her consent for mutual consent divorce
Devajyoti Barman
(Expert) 01 July 2014
1. Though you can file fresh divorce suit, withdrawing consent is not cruelty at all.
2. If divorce is your priority then withdraw it.
sandykrish
(Querist) 01 July 2014
I know such degree of Freedom give to women in India Law. She can play it according to her wish.
What would be the situation of a husband who wants to carry on with the life, Here wife is not coming back and staying with the husband neither willing to give divorce.
My aim is to get Divorce with no second thoughts, But how would I approach this situation withdrawing the RCR is must to file a contested divorce with the withdrawal of RCR can I convince the judge that we tried all the means but she agreed something in mediation and done something in reality by withdrawing the 13 B petition.
Nadeem Qureshi
(Expert) 01 July 2014
Dear Querist
If she withdraw her consent then you can file divorce case against her and withdraw RCR case
Rajendra K Goyal
(Expert) 01 July 2014
No other alternate but to move as per law. Agree with the advise of expert VR SHROFF sir.
T. Kalaiselvan, Advocate
(Expert) 01 July 2014
I agree with the views of experts above on the subject, I think that there is nothing more I can add to the experts opinions.
Devajyoti Barman
(Expert) 02 July 2014
You have to convince the about the merit of the case during trial. Convincing him about reality would be of no help nor lamenting on the current legal scenario.
K.K.Ganguly
(Expert) 15 July 2014
1. Her withdrawing the 13(B) petition will not amount to cruelty,
2. RCR will take long time and will not serve the purpose. The best course of action is filing iof divorce suit on acceptable ground.
