Rajender (law consultant) 29 August 2012

Second time divorce filing

I Filed in 2009 May Divorced case at my native place which was transfered by supremcourt to her native Place on her application.Then the same case was proceeded in her native Place court where the Megistrate send both of us to mediation cell .I was present in all 3 dates where my wife didnt appear.She met me outside and ask me to withdrawl the divorce case and then she will think of living together on her words that she will now ready to live with me on the condition of withdrawing the divorce case.I withdrawl the case .

She refuses to live with me after i withdrawl the case.Now my query is .Can I file divorce again from my Native Place .

Can she again transfer the case to her Native Place

Her 125 case also dismissed on ground of her working and concealing of working facts.

Please give your Valuable suggetions to help me to act rightly.

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2 Replies

Tajobsindia (Senior Partner ) 29 August 2012

1. If at the time of withdrawing your divorce suit the Order mentions that “parties have compromised and have agreed to live together” or similar sentence then first create proof of “outside wordings” of your wife by sending her a legal Notice via an Advocate cherry picking her “outside court” wordings and (if any) above dismissal of divorce suit Order as “reminder to fulfill her part of compromise within 15 days”. If she does not comply to your legal notice for restitution of conjugal rights then stating summary facts you can file fresh “divorce suit”.
2. Take certified copies of complete file of previous divorce as well as S. 125 CrPC closed cases. This time the additional ground for seeking relief of divorce is non compliance of Legal Notice J
3. Yes, history always repeats in metro woman cases so this time also let her get the transfer done via SC. Let her again burn legal fees on AOR of SC and donot contest at SC but file in your native place (ordinary jurisdiction).
4. This time most probably she may retaliate with other special criminal cases so do summary reading here of last 100 messages in Family Law / Criminal Family Law forum messages.

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swasti (Manager) 31 August 2012

If wife filed for annulment on ground of false impotency allegation, can she withdraw that petition stating “parties have compromised and have agreed to live together” in case both reached compromise outside court or mediation centre?