Complication in divorce case
pru
(Querist) 01 July 2013
This query is : Resolved
I had filled a divorce case aginse my wife under adulty and cruelty. The case was sent to mediation center. There She and I agreed to take divorce under mutual concent. As per agrgement I took back the existing divorce case and then a new case was filed under mutual concent.petition was signed by both of us and filled into court. But now my file in not event comming to court for admittion of the case in front of Jugde. It has been 3 dates.
Can I take back the case for divoce under mutual concent and file a new case based on old chages of adutlty and cruelty. I have enough proof againt her.
ajay sethi
(Expert) 01 July 2013
have patience . by with drawing the case and filing fresh case you will further delay the whole case
Adv Archana Deshmukh
(Expert) 01 July 2013
You did a mistake by withdrawing the case first. Both things can be done simultaneously on one day. Anyway, now talk to her thru some mediators and convince her to come to the court.
Raj Kumar Makkad
(Expert) 01 July 2013
*Adv. Archana! The querist is saying that his file is not coming to court. He has not alleged that his wife is not coming. so revise your reply.
Raj Kumar Makkad
(Expert) 01 July 2013
Mutual consent divorce is best way to get such type of relief. In contested divorce petition, it may take years to get finalization of the petition because the possibility of appeal by defeated party remains always open till Supreme Court whereas in MCD, the matter gets finalized for ever within a period of 6 months.
prabhakar singh
(Expert) 01 July 2013
Move an application in MCD file for it's posting before the court.
Adv Archana Deshmukh
(Expert) 01 July 2013
* Makkad sir, technically you are right, that it is the word 'file' written there, but why the querist then wrote,
....."Can I take back the case for divoce under mutual concent and file a new case based on old chages of adutlty and cruelty. I have enough proof againt her. " ....
If only the file was not coming before the court, but the wife was cooperating for MCD then the easiest thing will be to mention it to the court, but nobody wud think of taking back the MCD petition and file unilaterally again on the ground of cruelty and adultery..... so considering the spirit of the query read as a whole, I considered the word 'file' as a 'typing mistake' and hence was the reply.
However, if the querist wud clarify that he indeed meant "file" and not "wife" then I will surely revise my reply.
Raj Kumar Makkad
(Expert) 01 July 2013
We experts have to read carefully what has been written by querist and accordingly have to reply. We can't anticipate and presume facts as per our own whims and wishes unless there is open scope for that.
In the present case, the querist seems in very hurry and wants to get divorce as soon as possible. There may be many reasons behind this ambition. We have nothing to do. He is sad to see 3 hearing as a futile exercise so he asks whether the older petition is better or should continue with the present one and I think this is the only interpretation our of his query.
Adv Archana Deshmukh
(Expert) 01 July 2013
With due respect.. I havent presumed anything unusual and there was an open scope for assuming it bcoz it does happen in many cases that a party retracts in MCD if due care is not taken while withdrawing the earlier contested petition. And also the fact that a contested divorce takes much longer than missing some dates in MCD.
Your interpretation may also be right that the querist indeed meant the word file only. The querist only knows what he meant...Anyways, in that case I will indeed revise my reply to ,"have patience and ask ur lawyer to bring it to the notice of the court" otherwise I will stick to my earlier reply...
Raj Kumar Makkad
(Expert) 01 July 2013
*Resected Adv. Archaa! I have no intention to hurt anyone. This is was just a discussion over the words written by querist compred with our relies.
Now after revision of your reply, the chapter ends.
Please don't take this healthy discussion otherwise.
Rajendra K Goyal
(Expert) 01 July 2013
I agree with the experts to have patience as MCD is a better way. If result not received, you may contact your lawyer for further steps.
Adv Archana Deshmukh
(Expert) 01 July 2013
No offence taken from my side Makkad sir... you are senior than me and also there is bound to be difference in the way of thinking of all lawyers here and its ok so far as the discussion remains in a right and healthy sprit.
