cpc

reopening divorce case


Hi

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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Practicing Advocate

If you have withdrawn your first case,  you'll have to file a fresh case.

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

 
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Family Counsellor

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.

 
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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.

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Can the incidents of cruelty by wife that were part of earlier (withdrawn) divorce petition be included again in the fresh divorce petition to be filed by the husband?

 
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Family Counsellor

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

 
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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

 
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