Divorce petition
Faiyaz Momin
(Querist) 25 June 2014
This query is : Resolved
Hi,
My wife has filed a domestic violence case on me & family members last year (June 2013), yet not a single proceeding have started. My lawyer had a word with opposition lawyer & they told that opposition is ready to withdraw the case on basis of Divorce with mutual consent. From my side i was not ready to give divorce, but fight the case on merit basis, but my lawyer convenience me that go for divorce instead to fighting the case. (but i want to prove that i am innocent & her file contents are not true)Looking backward i have a handicap baby whose custody is with me. Last date i have received the Divorce Draft from opposition end and my case is at last stage, please help me with below answers..
1)Should i go for divorce or fight the case on merit basis?
2)Their Draft says, Divorce by mutual consent (talaqnama) where i will be giving talaq to my wife, but i dont want to leave her & as Divorce demand is from their end, i told my lawyer that i will sign on khulanama, let her give khula. (is my expectations legal and can they accept this?) I am ready to give khula but not divorce.
3)Under gold ornaments what they have demanded, some ornaments are with wife herself, she was wearing the same when she left, how to prove that, & fight for that.
please suggest
ajay sethi
(Expert) 25 June 2014
1) if you are muslim to divorce your wife you dont need to go to court . muslim personal permits triple talaq . you can divorce your wife after attempts at reconciliation has failed in presence of witness .
2) if wife is wiling to with draw DV case go for divorce by mutual consent .
3) as far as gold ornaments are concerned mention that wife has some jewellery in her possession . only balance items need to be mentioned in consent terms .
G. ARAVINTHAN
(Expert) 25 June 2014
If there is any gain in proving you are innocent?
if so you can fight, but till that date you have to lose your sleep.
If you want custody of child, that too you have to get by fighting.
On a soft pedal, you can get child in case of mutual consent. Make it as a condition
R.K Nanda
(Expert) 25 June 2014
no more to add.
Rajendra K Goyal
(Expert) 25 June 2014
If can not live to-gather, better go for talaq.
Would be gaining nothing in proving her at fault after a long litigation.
Raj Kumar Makkad
(Expert) 25 June 2014
I do agree with the experts hence no more to add.
