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RCSH (NA)     21 December 2009

Divorce from a non-cooperative wife

Recently I had filed for divorce here in Bangalore and we were referred to the mediation center. At the MC the mediator receommended that we seperate and one of the terms and conditions was that we both agree to withdraw allegations against each other.

When we went for the divorce, the judge said that since we both have withdrawn all allegations against each other, there was no ground on which he could grant a divorce decree (I had posted about this earlier too). When he suggested to her lawyer that they accept the allegations I had made in my divorce petition and he would grant a decree on the basis of cruelty, they refused. He also suggested that another alternative was to file for a 13-B, however we would have to wait for 6 months considering the latest SC judgment (attached here) where only the SC has the power to waive this 6 month period.

Now here is the quandary I am in,

Knowing from experience that she is not one to cooperate and think rationally, we would file the 13-B mutual consent petition following which I would have to withdraw my divorce petition against her. After this later she would withdraw her consent to this mutual petition and I wouldn’t be able to file my divorce petition again. Essentially she would employ this tactic to make sure I withdraw my divorce petition against her which we know that she and her parents don’t want to fight because they are very conscious of their prestige in the society and stuff like that.

What I want to know now is how do I get this divorce knowing that she would indulge in underhanded tactics.

 



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 2 Replies

Meenakshi (Lawyer)     21 December 2009

 Hasnt she also filed a divorce petition?

RCSH (NA)     21 December 2009

Nope. She has not.


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