A R J (PM) 10 October 2009

Seeking help for filing for divorce

Dear Sir,

We have filed for Mutual Divorce under 13B & final hearing coming near. Now she is not willing to take divorce & want to withdraw the petition. Also I don't want to re-unite from experience of my 5 years of marriage. We were married in Nov. 2004 & staying apart from last 1&1/2 year in same city. We had lot of troubles due to her quarrelsome nature & egostic. It doesn’t end here & she has attempted to suicide on pity issues. I don’t have any proof for this. She always threatened to live house, suicide, divorce and complain in the police with false charges etc during these quarrels. This made me as uncomfortable as this has become a part of my daily life for few months. Somehow after some time we were able to discuss on above & filed for mutual divorce.

She is Engineer & now working as a lecturer. We have 3 & 1/2 year old daughter & presently with her. I am paying 4000+2000 to them as per mutual divorce petition & taking care of Daughter's Schooling & Medical expenses.

Elder brother of her is Doctor (practicing) cum Lawyer & always in lookout for false charges like 498, DV etc all the applicable laws they can file. Her parent also not interested to intervene & seeks like what her brother does.

My parents are depending on me so as my younger brother & sister for completing their education. We were living together hardly for few months in 2008. Now everyone is split & staying separately including me. 2005 to 2007 my parents were not together due to job.

After withdrawal of mutual divorce petition, I would like to file for divorce. I found this forum few days back & found few suggestions suits me. I would like to know more to make my case strong. On what basis I can file? How much time this will take considering above situations? What are the precautions I need to take? Although my lawyer is telling me to wait for them to file first, what will be the good option for me? Thanks in advance for all your help.

Thanks & regards,

ARJ

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12 Replies

adv. rajeev ( rajoo ) (practicing advocate) 10 October 2009

Mr. A.R. My advise to you is convince your wife to continue with the mutual divorce, its better. It is not better to file fresh divorce case indpendently against your wife. Supoose if you filed the petition again there will be a conciliation stage. In the conciliation proceedings if your wife shown her willingness to join you then court will direct you to do the same. Your option is to file divorce peition only on the ground of desertion.

A R J (PM) 10 October 2009

Dear Rajeev,

Thanks for your reply. How does the desertion will work in my case? Does it require no. of years to apply?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 10 October 2009

you can convert your mutual divorce into contested divorce, there is law that if in seprtion period u live seprately for more than one year then court can grant you divorce, without any fresh ground.

Regards

adv.kamal.grover@gmail.com

A R J (PM) 14 October 2009

Dear Sir,

Thanks for the your reply & valuable advice. Still I have vew more questions.

Can she withdraw this case? Can she file any cases againest me? If Yes what are they? SInce we have filed for mutual divorce, will this help me in future for contested divorce?

Reading various situations in your forum, I would like to know your valuable suggestions. My divorce date is arriving soon in next to next week.

Adinath@Avinash Patil (advocate) 16 October 2009

YOU CAN CONERT YOUR MUTUAL CONSENT DIVORCE PETITION IN TO CONTESTING DIVORCE PETITION.

A.P.Manoranjan (ADVOCATES & LEGAL ADVISORS) 22 October 2009

Where wife and husbond file divorce petition under section 13-B by the Hindu Marriage(Amendment) Act 1976,(Mutual Consent),and one of them withdraws his/her consent thereafter, the court has the discretionery power to proceed the case and to grant Divorce Decree.

A R J (PM) 27 October 2009

Thank you for your replies. Yesterday was my last hearing & she was absent. I have got new date for hearing. What will be the option I have now for non-appearance of her? Can I send notice through court?

Also it seems like Our consellor is taking much interest from her side& guiding her for not to come for hearing. What I have to do on this?

Now she is showing so much interest to join me & continue with me. As I said above I am not willing to jepordise my life again. As per one of suggestion above, can court enforce me to stay with her against my will?

For desertion, what types of proofs I will need to provide? I am also seeking to put cruelty ground as she has made my life a hell. I don't have any prrofs but few recordings. Does court will ask for evidances & call for the related persons to verify the same?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 27 October 2009

First wait and watch and let the one year complete to your present 13B, petition coz as per Hindu marriage act section 13, court can grant divorce on the grount of sepration more than one year. So no need to proof any other ground like cruelty etc.

Regards

adv.kamal.grover@gmail.com

A R J (PM) 11 November 2009

Till date I have appeared for two dates. But she has not turned in. I got now new date.
I think I have to just watch & wait. I have tried to convenience her...but it is going hard way..I will give this as another chance....Can court send notice to her if she remains absent third time also? I would like to file divorce application on next date after withdrawing of mutual divorce application by me. Do I have any advantage here? What is best in interest of me?
Thanks for your valuable suggestions on my query.

A R J (PM) 11 November 2009

Also she is blackmailing (I may be wrong here as she has her last option) me for my Daughter. I just can not think of this way...but either way my life has this bad phase.....don't wan't to jepordise further. I have asked for to give my daughter to me & I will take of my daugheer. How? the question arises....that is my problem...Will court can give custody of my daughter to me? My daughter is is almost 4 years old.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 11 November 2009

Already advise ur querry but u ignored only and did not read proeprly.

A R J (PM) 28 August 2010

Hi All,

My mutual divorce could not worked ont & we withdraw the mutual petition. My present situation going to be worst. Due to constatnt tourture & blackmailing from my wife, I have filed for divorce on 15th July 2010. She got the notice on 13th Aug. Now she has lodged false complainent in Pune police station regarding 10L dowry on me & my family members with the help of her lawyer brother. Police is enquiring in this matter. Till date we have gone 2 times & explained our situation to police. There she is demanding to get her back home, withdraw my divorce petition then she will withdraw her complaint. She is just black-mailing & we are surprised with this total fraud. We got two weeks time & next hearing on 6th Sept 2010. Kindly advise on the same.

Thanking you for reading.