What happen if i make u tern

YOUR LAWYER IS NOT HELPING YOU IN BEST WAY. YOU ARE IN NEED OF A GOOD LAWYER.

 shailender srivastave

lawyer is nothing to do with this,, this is totally my call and i have to think.. lawyer will do what i told me to do, he told me fight the case and get div, which i know , there is no gureentee..

i need this forum's viewpoint.. i think thats is why this forum is meant for?

everybody have a lawyes in their case, even then they post their matter to get other's viewpoint... both legal and non-legal... if you dont want to give your opinion.. then better not reply...  

thankyou

Dear Rahul

you can informed the court about the demanding amount demanding by her is very big and you can not afford that amount, now you are willing to settle the matter and live with her with the term and condition.

the court can be notice your intention it will be very useful for your case judgement.

Nadeem ji,

i just wanted to know if she refuse to re-join me on my offer to take her back,,, what will happen on that situation, will judge understand that she was falslely telling to court since last 5 y that willing to join me,, and now Im ready to rejoin,,, she exposed and  refuse,,,

what will court do in this,, will court grant divorceto me on her statement..??

and should i make withdraw my petition,, or what should be my move?

though i cant help u with techical but if u have the chance then go and meet ur wife and if u both wish to finish off cases and be together then let it be..and u shud both go to some cousellor so that u may make some changes in urself that can help u adjust and even forget whats happened  to lead a peaceful life

Why dont you withdraw the case and file RCR asking her to join ...Let her say no :-)

It won't work frankly.

You would probably spend another 5 years in proving your 'honest' intentions!!

@ Author

1. If you have already invested 5 years of your precious youth in seeking divorce then suggested not to give up now.


2. PRESS 'grounds" used to seek divorce aggressively by "forum crossing" as enough time has already been spent seeking the outcome either way (means in your favor or otherwise whatever should come out on merit of the case is what I mean).


3. In divorce cases if one party does not want and or agree for divorce and other party desperately seeking divorce then it never comes fast to seekers basket. This situtation is unspoken Judicial wisdom to protect abala metro naris'.


4. Well you have to file an S. 151 CPC Application to withdraw your filed Divorce application stating "matter has been compromised between parties and donot wish to peruse the case" thus 'not pressing grounds for divorce as alleged in my petition' and 'parties wish to cohabit as husband and wife henceforth hence kindly allow me to withdraw my suit'. Based on this application concerned Court will seek Statement of both parties and passed 'dismissed as withdrawn" Order and then your file is consigned to Court records room. There is nothing much a Court can do even if you mention 'terms and conditions' of withdrawal and those T & C never reflects on days Order Sheet except "parties have compromised their dispute and statement of parties noted and based on parties wish to cohabit the case is dismissed as withdrawn, Ahlmad is requested to send file to record room" is what comes more or less out of such withdrawal Applications.

The moment above daily Order comes your way post withdrawal your placed suit it is upto HER to come hand in hand with you to her marital home or still choose to live away (desertion) from you as she wishes and neither last Court could have compelled her to cohabit with you nor outside Court post last daily Order you can force her to come and cohabit with you in a matrimonial home. But Law says she should re-join as now she has no reason to say NO. To explain this I eloborate and add OK previously it was you who was seeking divorce on some ‘grounds’ and she was ‘vehimently’ saying I wish to come back which you were resisting as wanted to prove your "agitated grounds" – right? Now what happens is it becomes like a sine die situation in narrated brief case scenario and is quite normal so nothing to agitate about reading various writers subsequent advise posts here which we can understand the frustration situation one gives into after no relief after investing 5 years in a civil Court.

Now here what you are legally suggested to do and that is to send her a legal notice to re-join your company referring to her recorded Statement by giving her 7 days notice time. May be she will not respond and then you approach same Court immediately (i.e. after waiting 7 days) and submit a S. 151 CPC Application pryaing to re-instate / re-open earlier withdrawn case citing “fresh grounds” of non co-habitation and willful "actual desertion ground" other than narration in your this Application of previous grounds taken to seek divorce that you submitted in earlier withdrawn application. The legal notice that you sent and not replied and or non-joining her intention are enough grounds this time to get divorce on 'actual desertion' as you are placing valid evidence coupled with copy of withdrawal application earlier filed stating grounds for withdrawal which earlier was "matter compromised wish to cohabit as husband and wife thus seeking withdrawal of my divorce suit".


5. BTW, your thread caption is blunt in a way that you are actually not converting any of your wrongs into rights (goods) as well as there were no decision on merits of your earlier filed divorce suit – right  but since defendant wife and court did not give you desired relief as prayed earlier for 5 years so in remorse you under social pressures forced your self to accept your fate as it is and thus you filed withdrawal application to withdraw divorce and give your marriage another chance as defendant wife was not budging from her non-cohabitation adamancy and post withdrawal when you as a good husband sought her physical presence she is 'vehemently showing actual  desertion" which is why it is not a U turn is my view though figure of speech you may say so but remove such notions from your mental frame after investing 5 years into seeking one sided divorce as is nobodys case.
Reasoning: To constitute actual desertion (which is one of the ingredients / test of desertion theory) the Factum (fact of desertion) and Animus Deserendi (intention to desert) must co-exist, and the moment they co-exist, it amounts to desertion. However it is not necessary that intention must precede factum. For illustration, as was ruled in Venei v. Nirmala AIR [1987] Del. 79 (there are other citation also), when the spouse left the matrimonial home, she has all the intentions to return home as you are stating in your brief that in Court she is showing herself to be of good spouse and thus does not want divorce - is it not what you say !, but subsequently if she forms the intention not to return (this is the catch you are making her to fall into by putting withdrawal of divorce suit and asking her to re-join - see the steps on legal notice sending if she immediately does not re-join which I spoke above at length and the moment such an intention is formed she becomes a deserter (the period of 15 days you giving her to join is the intention she is expressing legally as evidence into your second ground plate) is the trap you may try to test her real intention and side by side bring silver quality evidence in Court to get speedy divorce this time.

Discuss the above strategy with your adv. and you may clamly act accordingly

Well above strategy advise is extension of what ld. brother Nadeem hinted more or less J 

This is excellent....... Great advise Tajobs Sir, .