seeking mutual divorce

I am sorry for this. Regret the inconvenience.

mr sanjeev , open a new thread. it is free. go to 'family law' click the button'more messages'. now you reached to topics of the family law. here you will get a button 'post topic' top of the right hand side. click the button. you will found the desired place.

arup,

pls advice if i need to withdraw my rcr and file a divorce or i should wait for her written statement.

if councilers conclude that counceling failed in rcr will that be enough.

if i withdraw my rcr and file divorce what do i lose?

you like to start a new case of divorce. your rcr pending,ws not submitted.

under this situation, you will be loosing time. the time, money , and efforts - which you already invested, that will be lost. rcr and divorce both will be reaching to a particular point ie, dissolution of marriage.

if you feel that your respondent will not interested responding the court then ex party divorce will take less time, but  in case she responds and started counter attack, then rcr will be benificial.

try to measure the mood of your wife, and do accordingly. if she respond you and challenge you,then both rcr and divorce will be a time taking thing.

is mutual divorce possible? have you ever talked with her?

she is not agreeing for mutual spoken to her directly and through her lawyer.but she is not challenging also she has just come for 2 councelling sessions i am confused if i withdraw my rcr and file for divorce i know i have lost time and money but what else i can do otherthen filling the divorce...pls advice

MD is out of your reach.

then other two optins available, (i) rcr ; (2) divorce

a)    can you guess why she neither accepting md or returning back in response to your rcr?

b)     is she greedy for money and that's why she doing so? are you already paying any alimoney?

c)     is she employed and having sufficient money, and need not money any more and with an intention to haras you she behaved like that?

d) at councelling what she told and is it recorded? any cruelty? any harasment?

hi arup,

i)she has taken her things back whatever she has listed in women cell. Now that she has got it she might reply to the rcr.

ii)well her parents are greedy. No i am not paying any alimony

iii)she is employed and she is getting 9000 p.m her mother earns 50,000 pm and her dad as part time earns 5000. yes i firmly belive she wants to haress me as much as possible.

iV) No crulety no haressement only she doesnt want to live with me...

pls help me i am going through hell

then rcr is ok. i think divoce will take more time.  your rcr is half an way. get the councelling report.. thereafter persue at court for ex party decission showing councelling report.

you may also start a new divorce case, but there you have to put some cruelty, dseertation like grounds.

i think she ignores the divorce case. then ball is in your court.

arup,

are u telling me to wait for councelling report or file divorce case

all i want is peace of mind and to get this relationship over asap..pls understand

decission is yours.

now chose rcr or divorce

i think rcr and divorce both can file at a time, because i have not seen anythingh like that - if one file rcr cannot file divorce.

when a divorce case pending , you can also file a counter claim - whatever you have - for divorce.

HMA. SEC 21B. Special provision relating to trial and disposal of petitions under the Act. (1)The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be, necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

HMA. SEC 23A.Relief for respondent in divorce and other proceedings. In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking, such relief on that ground

most of personal laws are allowed mutual consent

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