Nilesh kamat (Desgier) 03 December 2009

Reopening divorce case

I have done love married in 2006 with wife and within one year she was accusing my sister & mother also she was banging head on walls...so i file divorce petition....case was running till one yeae & with one year my wife requested that she wants to come back...and promise that she will not do it anything...now after 8 month again she is doing samething but atleast this time she is accusing my mother...she dont like any of my friends....now in this case can i reopen my old divorce case or shall i file new case.

Please guide me.

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7 Replies

Adv Archana Deshmukh (Practicing Advocate) 03 December 2009

If you have withdrawn your first case, you'll have to file a fresh case.

Nilesh kamat (Desgier) 03 December 2009

right now she is staying with me......how can i proceed ahead.

Hardik Mehta (Family Counsellor) 04 December 2009

You can ask for the judicial separation first and then file the divorce. If you have got the written proofs that she will not do such acts again and if she has started the acts, then file the divorce. Ask her to go to her parents place and then file the divorce.

K. Rajendra Prakash (Advocate) 05 December 2009

I understand presently you are living together. If possible speak to her parents and elders. In case you get assurance that she will not repeat the same it is O.K. Ohterwise ask her to go to her parents' place and then file a fresh petition for divorce.

Sanjay (Manager) 06 December 2009

Can the incidents of cruelty by wife that were part of earlier (withdrawn) divorce petition be included again in the fresh divorce petition to be filed by the husband?

Hardik Mehta (Family Counsellor) 08 December 2009

Yes, it can be included to show the character and acts of cruelty since the offences of marriage are continious in nature.

Nilesh kamat (Desgier) 24 December 2009

In this situation how shall i proceed......i know if i tell her that i am opening divorce case she will not listen & will create more dramma....sometimes she acts like a phcysco petient...which is very worst....i dont understand how shall i proceed...I have old FIR against her......will that help to file divorce case again