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shob (manger)     26 March 2010

divorce proceding

My friends wife had filed a divorce and he had replied by filing a petition against it,both the party wanted divorce at that time ,but the issue was child custody,now the friends wife had  withdrwan the case to harrass as she thinks in that maaner she will be able to take child custody and claim good alimony and she is presenting she will harass and not allow him to take divorce,,we do not understand her requirement ,but wants to know in such hw much time will take to get divorce



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 5 Replies

shob (manger)     26 March 2010

thanks for your reply,we would like to know the following points

1]what my friends needs to do ,to get divorce,as his wife had withdrawn case to haraas

2]he is ready for settlement ,but the second party is haraasing

3[is there no way he can succed in getting faster divorce.as she was the one who initaited divorce and then backed out

4]need help to expedite

Suryanarayana Tangirala (Advocate)     28 March 2010

Advice u r friend to file a case for divorce if he is wants divorce else for restitution of conjugal rights and also child custody let the case go constested he cannot force he for compromise isnt it

Gundlapallis (Advocate)     29 March 2010

Let your friend start the process of negotiating a settlement.  He will know what she really wants. If the settlemant demands are acceptable to your friend - they can draft a settlement deed and seek a divorce on mutual petition accordingly to their terms.  IF the terms are not acceptable to your friend, he has no other go than to file a petition for divorce himself. 

 

She filing a petition for divorce and withdrawing it later will not have any impact on the petiton for divorce that your friend might file.  But with due consideration to admitted facts (since your friend already had answered her petition) the fresh divorce petition should be drafted.

 

As far as the custody of the child - the court will take into consideration of the welfare of the child.  You did not mention the age of child in your querry.  Age of child is also an important factor to give you an advice.

 

There are no express ways to get a faster divorce.  The process will take its time and that too when it is a contested one, it might take a very long time to obtain a decree.  Therefore, a settlement with his wife is the best solution if parties are reasonable.

shob (manger)     29 March 2010

Hi thanks for yr reply

1] my friend have tried negotiating,but they just want to harrass and delay the case,she is saying she will not give divorce to him and will stay with him forcefully and that he cannot do anything,so we just wanted to know if we go the legal way in such senario how much time will it take,??as our current law favours women more.

2]she had filed the divorce case and he had replied on th same ,and now she has withdrawn th case ,so now what case my friend is fighting ,...is it called a contested case?

3]child age is 10 and 12 yrs,so what are the chances of getting custody in favor of father??,he had requested her to keep atleast one child with him,but she is in no mood .as she knows that this is the way she can harrass him more

4]we just want to reply legally so strongly that she needs to agree for a settlement and not harrass as my friend wants everthing to go smoothly and he is already ready to agree on her requirement which are logical.

5]need some guidance to proceed in court stongly till date they have not arrived on the first hearing.

 


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