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fortune (Lacturer)     07 October 2013

Pls advise - divorce case withdrawn by husband!

Hi all,
I came to know about this form so writing to seek your advice.
I got married in 2011 but came out to live with my parents after 15 months of marriage although I was pragnant at that time.
I gave bith to a baby girl later but my husband sent me divorce paper at same time.
We've been fighting that case from 2.6 years now but suddenly he has now apllied to take his divorce case back.

Please suggest me that what I can do now ? if his request is accepted then will I have to start it all again from scratch by filing a new divorce case from my side.
Please advice.

Thanks a lot.



Learning

 20 Replies

Dr J C Vashista (Advocate)     07 October 2013

Your husband is at liberty to  withdraw the case any time. It is your turn to proceed as you think fit and proper , engage local lawyer

ashoksrivastava (scientist)     07 October 2013

Originally posted by : fortune


Hi all,
I came to know about this form so writing to seek your advice.
I got married in 2011 but came out to live with my parents after 15 months of marriage although I was pragnant at that time.
I gave bith to a baby girl later but my husband sent me divorce paper at same time.
We've been fighting that case from 2.6 years now but suddenly he has now apllied to take his divorce case back.

Please suggest me that what I can do now ? if his request is accepted then will I have to start it all again from scratch by filing a new divorce case from my side.
Please advice.

@ querist you should be happy ,at least for your daughter's sake that he has withdrawn his divorce case.

What right do both of you have for procreation when you  both cannot put your differences aside?

pl. forget about law and lawyers as both of you have lost all rights to think only about your selves at this stage.

Lady luck has smiled on your lovely baby and both of you.

Pl. remember that

" OPPORTUNITY KNOCKS THE DOOR BUT ONCE"

Grab it with both hands.

all the best

Regards

ASHOK

.

Sarvesh Kumar Sharma Advocate (Advocacy)     07 October 2013

Petitioner can withdraw his case!

ashishvidyarthi (engineer)     07 October 2013

Difference in approach to the same query between lawyers and a non lawyer is glaring.

I Wonder what would have happened if this forum was populated exclusively by lawyers.?

fortune (Lacturer)     07 October 2013

Thanks to all who are helping here.

He has withdrawn the case not because he wants to live with us again but he just want the things to get delayed.

over these years I have seen no change in him so there are no chances that I'll start to live with him.

my query to you all is that do we have some provisions in law that we can stop this case withdrawl by him ? Can we request court to continue this case from my behalf now ?

please advice .

T. Kalaiselvan, Advocate (Advocate)     07 October 2013

By withdrawing the divorce case your husband has established your status as his wife and your rights to live in the matrimonial house.  Difference of opinion between husband and wife is a common thing these days,but living together compromising the ego issues between both has become a ego problem.  Please bury all your differences, walk back to your husband's life, continue your broken marital voyage once again at least for the sake of the child lest you will repent for life for having been misguided by the surrounding people's half baked guidance.Do not be perturbed, start a new life with your husband and the lovely child.

1 Like

(Guest)
Excellent advise given by Kalaiselvan sir. Agree with him

fortune (Lacturer)     07 October 2013

I've high regards for Mr. Kalaiselvan advice and ideally everyone should try that first.

in the first 15 months of marriage I tried only this and nothing else he was not happy with the kid as well. One of his family member even asked about abortion...anyways.

is there any provision that we can stop this case being withdrawn, I don't have time and energy to start all from scratch by filing a new divorce case.

thanks.

ashoksrivastava (scientist)     07 October 2013

@querist there are ways to get out of all this smoothly and quickly but do you want any financial package from him for yourself and/or your child?

Or are you sufficiently capable of earning your livelihood  and maintaining your child on your own?

Regards ASHOK

fortune (Lacturer)     07 October 2013

yes, we are looking for some financial supprt as well.

 

but again my query is

"is there any provision that we can stop this case being withdrawn, I don't have time and energy to start all from scratch by filing a new divorce case. "

 

I Hope someone will clearify on this to help me out.

fortune (Lacturer)     07 October 2013

 

Yes I do need some financial aid.

but back to my original question "is there any provision that we can stop this case being withdrawn, I don't have time and energy to start all from scratch by filing a new divorce case." ?

 

ashoksrivastava (scientist)     07 October 2013

 

Originally posted by : fortune


 

Yes I do need some financial aid.

but back to my original question "is there any provision that we can stop this case being withdrawn, I don't have time and energy to start all from scratch by filing a new divorce case." ?
 

@ querist there is  absolutely no provision in
law whereby you can stop him from withdrawing his divorce petition.

 

Laxmi Kant Joshi (Advocate )     07 October 2013

Your husband had withdrawn the case and now he wants to live with you and kid , I suggest you to pl. go ahead and give him a chance and save your married live ,and future of your innocent kid ,so leave behind yours horrible issues and ego and try to live healthy live with your family.

(Guest)

It's quite pathetic that member's are enforcing their view just opposite to the desire of this lady....

No relation of husband and wife work on by giving suggestion or moral word's by we the third party.


A relation of husband and wife work's only when two heart's are ready to accept each other and goes with love till the end of their life.


1. In this particular case,I would suggest lady to not worry about the withdrawl of case as you can't do anything against this as the divorce was filled by him and he has very much right to call off at any time he wish to do.


2.  If you don't want to live with him then clearly have a word with your husband that you want to move on and for this you are very lieneant on final alimony. You will take a genuine or whatever wish of your husband to give the amount.


3. If you are concerned for both i.e freedom + money then you have to wait for long time as the case has to be fillled by you on the ground of mental cruelity + desertion and the process will go on.But not sure that you will get the desired amount or not because you are earning lady and easily sustain your life without any beg.


4. The child has to be gone through the WGA and whoever claim's the best wellfare of the child the custody will goes to his/her and next adjacent partner left with only visitation right.However,maintenance has to be proportioned by both according to fact's and circumstances.


5. So, to achieve everything is not possible until or unless you don't have paitience or you are not ready to be contented by what you have and live happy in every condition.


6. You major concern------if you can't live with him then No law on this earth will force you to live with,so again it's your choice as what to do next.


Best of luck.



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