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Rakhi (Software )     30 July 2011

Reconcilation procedure

Hi

I have filed divorce suit against my husband.Our lawyers met and asked me 4 lakhs(He is asking)for doingit mutually or else it will be a contest.

My question is if it goes for a contest.How long will it take if reconcilation fails in first attempt.I mean to say "how long" since if he keeps on denying giving me divorce and i will fight for getting it.There should be any law where the Court has to take decision instead of going on with hearings after hearings.

My statment may give some wrong notion to a few members,but really there is something that is personal and i want to get out of him as its really painful.I dont want any settlement nor alimony from him,but want to go out from his clutches.

Waiting for  response



Learning

 14 Replies

Out of Court (Consultant)     30 July 2011

Is RCR has ben filed by ur husband ?

Out of Court (Consultant)     30 July 2011

Also provide details of the dates like whn u filed the divorce petition and what is the status of the case ..


(Guest)

I send u a PM message pls. reply soon...

Rakhi (Software )     30 July 2011

I have filed 3 months back.Court has sent summon to him for the same.He has to reply within 3 months.45 days have passed.

He has not yet replied to my summon.

kuldeep kumar (lawyers)     31 July 2011

dear madam u can see section 23 hma.u can not only oppose but ask for any other relief also IN CASE UR HUSBAND FILES CASE.it does not matter has he filed any rcr or not becoz section 23 gives u ful power to oppose ur husband case.6 months trial will go on.but i dont know long cicumstances of case take it.do not fear it does not make much sense who filed the case.what u have to do is to meet the case of ur hubby.one thing u can do if u want to sleep without any tension file petition under sec 13b and ask for mutual divorce.but agar apke husband ne 4 lak ka pahada padh rakha hai to let him dragged to court and feel him how 4 lakh look.ANY FURTHER POINTS WILL OUR EXPERTS MOST RESPECTFULLY SOLVE .I REQUEST EXPERTS TO PLS GIVE MADAM ANY CASE LAWS RECENT.

adv. rajeev ( rajoo ) (practicing advocate)     31 July 2011

~The duration of the case cannot be said because it depends on the pendency of the cases of the court.

Janhavi (Resourcer)     31 July 2011

@Rakhi

R u serious about break down of marriage ?

Just think if you r doing it coz of anger. If it is so then re-think. Here husband does'nt want divorce. 

Is there any room 4 patch up. My advise would be go 4 patch up. Attend court counseling and then see where you stand. In fact I would suggest counseling by some 3rd party person known to you both and neutral. NOte to invove an educated dignified person in this effort. If that fails then court counseling can be resorted.

You have not quoted the exact cause for divorce. Kindly quote the same as I think the forum lawyers would be in a better position to understand your plea and advise accordingly.
1 Like

AAAAARRRRK (Others)     31 July 2011

@Rakhi - Option1.   I fully agree with Janhavi. Option 2.   If you have some cocrete alternative, please go ahead and meet your husband across the table, settle the amount and get rid off the daily tension. The respective Lawyers must become a part of settlement discussions and close all lose ends.

Option 1 seems to be the best choice. Don't take such drastic steps bcoz of some trivial issues. The differences do surface, but we must have patience to understand each other and at times scarifice gives unpredictable results. God bless !

Sanjeev (Lawyer)     31 July 2011

Your case is going the other way reason that you are in hurry for divorce- though you filed 498A/Divorce even after arrest the pressure has not been built on your husband as he has realised that you are in hurry for divorce so instead of him paying you the alimony to settle and get out of the cases he is asking for 4L to agree for a Mutual consent divorce.

You never know that once you agree for giving 4L he may again back out and ask for a higher amount as he would realise that when you can pay Rs 4L than you could even pay more so if you agree to pay then get this documented in the Mutual Consent petition and dont pay the full amount initially on first motion.

About your question on timelines for a contested divorce it may be 5-6 years and still the orders remain liable to be contested in a Higher court.

So its your hurriedness for Divorce that is making you loose...would suggest wait for sometime and dont initiate any nagotiations from your side lawyers see how it progresses.But if you are in hurry and eagerly seek a divorce than you are bound to be exploited monitorily and would need to pay...though normally husbands pay but then its the matter of desperation ....if you show your desperation for divorce and if he has realised that he will definately delay divorce proceedings for you to bow down and surrender to his demands.

Legally its time consuming process and no shortcuts to divorce.

1 Like

AAAAARRRRK (Others)     31 July 2011

@ Out of Court Consultant - What if the husband has filed RCR ? Please enlighten us !

Alok Tholiya (self employed)     10 August 2011

Very good replies.


(Guest)

What happens, if husband files for RCR & wife side refuses, in that case, husband can be granted divorce?

Anil

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 August 2011

There can not be any fixed time frame for contested divorce.

 

4 Lakhs for what? Is that a demand for mutual settlement by husband? Or your lawyer is making some air-castles that your hubby would agree on such demand.

Female Activist (housewife)     25 August 2011

rakhi, y r u in hurry, u know if u file a good complaint detailing all facts, he would be after u to divorce him, contact me on female.activist@gmail.com


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