Vinay 04 December 2021

Need advice if i can withdraw my divorce petition filed against my wife

Hi All,

Need right legal advice. I got married in 2014 and filed divorce against my wife on the grounds of mental, Physical cruelty and separation from parents and mental torture.

Facts pertaining to my case already mentioned in this post (https://www.lawyersclubindia.com/forum/fighting-an-ugliest-divorce-case-against-my-wife-221126.asp).

Now, my wife is playing woman's sympathy card and she already has got awarded an interim maintenance of INR 15000/- per month which I have been paying. Now that I know she has got married again to a third husband and has been living with him, I tried to find out evidences however they are very criminally well prepared for such instances. They have got married in a temple (still figuring it out where and which temple) as its done within few family member's presence. No marriage registration done. I do not want to continue this case anymore as I filed for divorce the onus is on me to prove that she is the one who is living illegally with someone else without even taking divorce. No matter what evidence I get it my advocate says its not enough as these are all circumstantial evidences which may not hold ground in the court.

1. Please help me what will happen if I withdraw my case (its been more than 5 years that we are separated)

2. Will I have to still pay the Interim maintenance amount?

3. What will happen if my wife will file a divorce case on me?

4. She is not ready to come back and live with me however full drama in court that she wants to live with me

5. Will the onus be on her if she files a divorce to prove why she wants it,( Even though I do not want to live with her, If I say in court for her divorce petition that I want my wife back and keep saying this, will the court ask me to pay her maintenance). Basically, should I take the same drama route in court to wait for one day where she will go away from her life?

Kindly guide me as I'm in dire need of a second opinion. Thank you for going through my post. Any additional details that you cannot find it in my first post or in this, please respond so that I can answer your concern.

Thank you,

Vinay

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6 Replies

G.L.N. Prasad (Retired employee.) 04 December 2021

The advocate that has been guiding you for the last 5 years can only guide you further in the matter. You can take a second opinion from a local advocate as forum replies may not offer you practical help.

Dr J C Vashista (Advocate) 05 December 2021

If you have clinching evidence(s) regarding remarriage of your wife, it is another ground for divorce and denying payment of maintenance.

However, your lawyer is best person to advise you properly as s/he is well aware about the facts and circumstances of the case and an able, competent and intelligent enough to advise.

You may also seek second opinion of a local prudent lawyer showing all relevant records.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 16 December 2021

Yes you can.
Please check my link below for details explanation -
https://www.facebook.com/permalink.php?story_fbid=2116693028660118&id=100009583254195

Vinay 17 December 2021

Thak you Rocky Smith, one question: I have taken two opinions locally here in person, the advocates say that it will be a disaster if you do this as you may withdraw your petition under the sections you have mentioned in the facebook link shared however the IA filed by your wife (for Interim Maintenance) has been passed as an order by the judge irrespective of the main petition is withdrawn by you. You will be held in contempt of court if the wife's advocate files and brings this contemption to court's notice. Over and above all this you will lose main grounds on what you had filed case on her. If you can help with any such instances which have happened in India supporting the explanation given by you will be helpful. Any judgements or Citiations which can be useful in my case. I saw the comments in your facebook post where you have mentioned that you have cited relevant CPC itself hence no judgement required. However it will be helpful if you can find any one such judgement will be much appreciated. Please support

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 17 December 2021

Unfortunely, these cases have become money making traps for lawyers/NGOs. If you read the below link and all of its sub-links carfully, you will get your desired answer.

https://www.facebook.com/permalink.php?story_fbid=2966743543655058&id=100009583254195

Dipro Hajra 17 December 2021

Firstly , try to get evidence of your wife, staying with that other man along with testamentary evidence and witness. Administer it to the honourable court. File a misc case that is criminal miscellenious petition , stating that she is involved with somebody else. Then the order of maintainance would be repealed and you won't have to pay maintainance.