ravikumar (TEAM LEADER) 18 June 2014

Withdrawl for monetary benefit after filing mutual divorce

sir,

we were married in the year 2012 and now have filed for mutual divorce in the last week of may 2014.But

now my wife wants to withdraw from the case and wants to file a seperate case for claiming monetary

benefit and in order to taint our family.We have not demanded any dowry and the gold which was given to her

is kept in a joint locker in a bank and has not been operated since then.She is telling like we have harssed her verbally about the amount of gold she had worn for the marriage . A car was given for her use and which she decllned to use since she doesnt want to learn driving and which i have started using after 2-3 months after marriage.

Now after filing for mutual divorce her father is demanding the full price of the car and which if we don not give

says they will be going for open case.He being a psychologist once had taken me to another psychologist one year back and tried to give me certain medicines which i declined to take.This has happened because my wife complained to her father that am making quarells in the home daily.which i have never done becaouse i dont get angry that easil and the the same girl use to shout at me for nor getting angry and saying that i never get angry ,Of course i dont immediatley get angry, now only i have realized that not getting angry is going to be a punishable offense.Now the father in law is threatening that he will get a letter from the Dr saying that am having extreme biplolar nature so that i will loose my job.Iam a PSU employee

.The main reason of the breakdown was she was forced to this marriage because we did not demand any dowry and the she actually liked another marriage proposal which her father did not allow because of dowry issues.So right from the first week of marriage she has been telling about mutual divorce . We never had any proper husband and wife relation since she always wants to sleep alone.I was working in another state and came back only last june from then we were staying in my house.Due to her fathers pressurewe have moved into a seperate flat to stay 6 months back and she threw me out of the flat one day for forgetting to pay the electricity bill and of course she has assaulted me physically.

With the facts mentioned above i t wanted to know whether they can file a seperate divorce case after withdrawing the case form her side or by without appearing in the family court after 6 months when the final hearing is kept ,thus nullifying the effect of the mutual divorce petition or by nullifying the mutual divorce petition by filing a criminalcase aganist me and my parents.I am ready to have her back in my life but her father is not willing and this matter can be amiciably settled only if i live according to their conditions which includes not seeing my parents and undergoing psychatric treatment for not beating my wife :).We are both getting almost the same salary and she spents the entire amount and gives the rest to her father who is a highly place and well paid psychologist. while i spent only what is essential which they do not like.

Kindly help me with our valuable suggestions

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4 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant) 18 June 2014

Dear Friend many times it have been advised to all the persons that be precise in your questions as we do not have much time to go through your whole story and then reply.

However, to your reply I only can say that yes she can do it. as the gap period between the first motion and second motions is there to rethink on your decision and then come to court with a sound mind for the second motion. If your wife thinks that she will be not in good position on the basis of mutually consented Divorce petition she can think so and can do what so ever manner she wants to plead her life.

You can not force her for any thing.

Advised again be short and to the point in your writing storyfication never helps a person.

T. Kalaiselvan, Advocate (Advocate) 21 June 2014

as rightly observed by learned Adv. Mr. Bali, she has a right to do whatever she desires to do so, in case she is not willing to appear on the second motion, it is her choice and you cannot force her and also if she wants to file a separate divorce case, she is at her liberty, you cannot question her

ravikumar (TEAM LEADER) 25 August 2014

sir,

she has agreed that she was in contact with another man for 2 years.....our marriage is not even 2 yrs old and told me that they had s*xual intercourse at my home 2 times when nobody was here.and has threatend to kill me if i try too become too smart.All the above mentioned facts came out through a series of sms which she had sent me when i asked her about reconcillation.

What can i do to protect myself from her extracting more money from us.....

Anand Bali Adv. (Advocate Solicitor & Consultant) 29 August 2014

You are advised to go for the contested Divorce case on the grounds of Cruelty and Adultery. Do not give or agree for the maintenance or even any benefit to her as if the offence of Adultery is proved there is no liability of the husband to give maintenance Alimony or any kind of financial protection / assistance to her.

In case, she does not appear for the second motion in the Mutually consented Divorce Petition. apply for the Contested Divorce after 18 months of the first motion of the case under Sec 13 B.