Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mehul Rathod   13 August 2018

Can one withdraw consent to pursis given in divorce and child custody petition

I have filed Divorce on ground on Adultery, Cruelty in 2015. I am facing DV and also 498a. In divorce i have submitted my evidences and is at stage on my cross. Now on last date judge called my two famliy member and two family member of wife. He than ask us to sign a compromise pursis stating that we shall be giving one chance to our marriage life for our 8 years daughter and shall stay under one roof for seven days. I signed that pursis but I am unable to make my mind to go and stay with her due to her suicidal tendency and other false allegations that she can make. She is residing in my house under Ex parte Residence order and I am living on rent. Now my questions are 1. Can I withdraw my consent now without going to live with her and under what grounds. 2. Will this attract Contempt of Court. 3. Will Judge take it in negative way and will cause harm to my case. 4. Will this affect my Child Custody case as my child stated that she want to stay with both parents. Child custody is filed on basis of her admissions and submissions before various courts during Examination of Chief and her cross examination that she attempted suicide with daughter.


Learning

 1 Replies

Shalini Aakash (Advocate)     13 August 2018

Originally posted by : Mehul Rathod

I have filed Divorce on ground on Adultery, Cruelty in 2015. I am facing DV and also 498a. In divorce i have submitted my evidences and is at stage on my cross. Now on last date judge called my two famliy member and two family member of wife. He than ask us to sign a compromise pursis stating that we shall be giving one chance to our marriage life for our 8 years daughter and shall stay under one roof for seven days. I signed that pursis but I am unable to make my mind to go and stay with her due to her suicidal tendency and other false allegations that she can make. She is residing in my house under Ex parte Residence order and I am living on rent. Now my questions are
1. Can I withdraw my consent now without going to live with her and under what grounds.

YES YOU CAN CHANGE YOUR MIND NOW.  GROUNDS CAN BE YOU DONT HAVE FAITH IN HER AND YOUR WIFE CAN POISON YOU OR KILL YOU, THESE ARE THE GROUNDS YOU CAN GIVE.


2. Will this attract Contempt of Court.

NO.

3. Will Judge take it in negative way and will cause harm to my case.

WHICH CASE ARE YOU TALKING ABOUT?

4. Will this affect my Child Custody case as my child stated that she want to stay with both parents.
YES IT WILL HAVE SOME EFFECT BUT WHO KNOWS WHAT JUDGE WILL THINK?  AND WHAT HE WILL ORDER?


Child custody is filed on basis of her admissions and submissions before various courts during Examination of Chief and her cross examination that she attempted suicide with daughter.

YOU HAVE TO BE FIRM IN YOUR MIND.  WHICH YOU ARE NOT.

HOW WILL YOU TAKE CARE OF THE CHILD EVEN IF COURT GIVES YOU CUSTODY?

THE CHILD WONT REMAIN CHILD, IT WILL GROW FAST.  HOW YOU WILL HANDLE THE ADULT?  CUSTODY CASE WILL GO ON TILL CHILD TURNS 10 OR 12.  AFTER THAT THE CHILD CUSTODY CASE WILL GET DISMISSED.

YOU SHOULD HAVE MADE UP YOUR MIND WHETHER YOU WANT WIFE OR NOT.  IF YOU WANT MARRIED LIFE, HANDLING WOMAN IS NOT EASY TASK, ONE MOMENT THEY WILL BE LAUGHING, NEXT MOMENT THEY WILL BE CRYING.  AND NOW YOU HAVE TWO WOMEN TO HANDLE.  ONE YOU COULD NOT HANDLE AND YOU HAVE FILED CUSTODY CASE OF DAUGHTER.

GOD KNOWS WHAT YOU WILL DO.  AS YOU HAVE FILED ALL THE CASES, YOU SIMPLY WAIT FOR COURT TO DECIDE SOMETHING.

NOBODY CAN LIVE WITH A WOMAN WHO WANTED TO COMMIT SUICIDE.  YOUR WIFE IS LIKE THIS.  THE CHILD ALSO WILL BE LIKE HER ONLY.  YOU WILL SIMPLY GO MAD DUE TO BOTH OF THEM.

YOU MAKE FIRM MIND AND LEAVE BOTH OF THEM AND FIND SUITABLE GIRL WHO IS LEVEL HEADED AND REMARRY AFTER TAKING DIVORCE.  TUM APNE ZINDAGI BARBAAD KAR RAHE HO.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register