Condonation of mental cruelty


I am the husband  and have filed divorce case based on metal cruelty and desertion.

my wife has filed case of restitution of conjugal rights and section 24 and 26.

We have a child of 2years.

transfer of divorce case to the hometown of wife is pending in supreme court and the supreme court has ordered for mediation.


Wife gives a undertaking that she will come back on or before a stipulated date after getting transfer/resigning from job and i agree to it  and till that time both the cases filed by the wife and husband are stayed. I have specifically mentioned in the undertaking that i am not waiving of my rights and contentions raised in my divorce petition and have not condoned her mental cruelty and desertion till the time she comes back.

Suppose  my wife does not keep her word and does not come back to her matrimonial home in stipulated time as agreed by her in the undertaking.

Now the question is

1. have i condoned all her acts i.e. mental cruelty and desertion.

2. My case becomes weak because of the above facts.


kindly advise

Thanks in advance


no, for both

Total likes : 1 times



I would like to seek an answer for Shonee kapoor Sir  in this matter if he can spare some time.

I would like any learned advocates to kindly respond  to my query.


Thanks in advance


ok ... wait 


Hi Jay,

if u are waiting for Shonee Sir then u can file your query in 

Shonee Ji is indeed a very learned person in this forum but please dont under estimate others.

Also if u want answer only from Shonee ji then plz mention same in descripttion of ur query..others will not advise u and waste ur valuable time.




I do not want to offend anybody. I am in a big problem so i wanted anybody with a legal background to  answer. kindly understand me





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