Raj (exe) 11 February 2019

Wife filed the case , after 5 years court dismiss the case

Dear Experts ,

My wife filed divorce case 5 years back on the ground of adultery , ill treatment , alcohol blah blah blah . She is living at her parents with my kid since 5 years . i have been paying maintenance since 2 years . Her demand was divorce and hefty sum and portion of my property.

I fought against all the allegations and After 5 years finally court has dismissed her case . However after going through so much in last 5 years i do not think i would want to continue the marriage and i also want to be separated .

I am fine to give portion of my property , some money and willing to take care of all the expenses towards my child upbringing.

What are my choice now ? can i request for separation on ground of being deserted and cruelty? Will it take another 5 years to finish or is there any quick solution?

Thanks

Raj

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5 Replies

Vijay Raj Mahajan (Advocate) 11 February 2019

Work out for the divorce by mutual consent on the payment of alimony for her and maintenance of the children for their education etc. That is best for you to do, just don't offer her share in your property but lump sum payment of permanent alimony.

NSV VARA PRASAD 11 February 2019

Celebrate the Success. Invite your Child and his/her mother to their Home.

Suhail suhail (LAWYER) 11 February 2019

Better to reconile and mend out the ways if she is also ready to that. If you ever thought if not living with her then why you contested the divorce case why not gave consent then and there.

Now you have to make some lump sum deal with your wife to get her consent for mutual divorce,that wont take too much of time.

Advocate Arzoo Raj (Advocate) 11 February 2019

Divorce by mutual consent is your safest option. You will have to decide the terms and conditions and the amount of money to be paid towards your child and everything else amicably and file the same before the court.

If it is mututal, then it will not take more than a year to get the decree of divorce.

For any further queries or assistance please feel free to contact me.

E-mail: advarzoo.raj@gmail.com

Adv Radhika Mehta (Advocate) 11 February 2019

Since you have successfully defended your wife's Petition and ensured that reliefs are denied to her, i would advise you to wait for her to approach you rather than being the first one to approach her as that would have a big hand to play in eventually deciding the final alimony to pay to her. There is no need to file a contested Petition as that would be another time consuming process.

There is also a possibility that the order of the lower court may be challenged by your wife in the High Court. You may at that stage, request the High Court to refer the matter to mediation.