Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sumit Rawat (Manager)     12 January 2014

What if wife withdraws mutual divorce petition

My wife asked me for divorce and i agreed to that - it was a mutual divorce petition filed by  my wife in pune. For more than one year, we were not living together also so we filed a mutual divorce petition.

But on last hearing, my wife withdrew the case saying that i promised her to give Rs 20 lacs but i denied so she is withdrawing mutual divorce petition  (which i never did, neither there is anything in writing)

Please suggest me what can i do further. Can i file a petition of divorce now again or how can i get dovorce from her. I think she will file other fake cases of anti dowry etc?

Please help



Learning

 6 Replies

aap (manager)     12 January 2014

dear member as far as i know in mcd both of u have to give the consent to get the divorce ,absenct of any spouses consent the court either put next date or dismiss the petition

but why she backtracks ,may be she wants to harras you or she wants to strech the case till 18 months after the first motion as per MOU u cant force anyone to come to divorce so ask her and tell her to resolve the issue peacefully

 

 

(im not lawyer so i advise to get the help of other members too dear)

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

If wife withdraw her consent after first motion then the divorce petition will be dismissed then only option you have in your hand is to fight a legal battle of contested divorce.

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

If wife withdraw her consent after first motion then the divorce petition will be dismissed then only option you have in your hand is to fight a legal battle of contested divorce.

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

If wife withdraw her consent after first motion then the divorce petition will be dismissed then only option you have in your hand is to fight a legal battle of contested divorce.

Rajeev Kumar (Lawyer/Advocate)     12 January 2014

If wife withdraw her consent after first motion then the divorce petition will be dismissed then only option you have in your hand is to fight a legal battle of contested divorce.

Shiva......... (owner)     13 January 2014

Same thing happened with me. My wife after insisting for MCD, withdrew consent and MCD got dismissed. Exactly 3 month later she filed domestic violence case.

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