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RCSH (NA)     22 December 2009

Refiling a divorce petition

I have filed a divorce case against my wife on grounds of cruelty. The matter was referred to the mediation center where we decided to seperate and one of the conditions was that we both withdraw all allegations against each other. Now the judge refused to grant the divorce stating that since we have withdrawn all allegations against each other there were no grounds on which he could grant a divorce and he suggested we go for a mutual consent.

Knowing my wife, she would sign the mutual consent petition, make me withdraw my divorce petition and then later withdraw her consent.

In such a situation, can i re-file my divorce case against her again? can i put such a clause allowing me to do this in the mutual petition? what other precautions can i take?

 

 



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 1 Replies

Devajyoti Barman (Advocate)     22 December 2009

The Judge seems to be mis-directed. There is absolutely no necessity to withdraw the divoce case and file a mutual divirce petition afresh. In the self same divoce case itself the mutual divorce decree can be passed if both the parties file mutual divorce petition after withdrawing their mutual allegations against each other.


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