Is taking back petition possible
ChandanLawyersclub
(Querist) 30 October 2013
This query is : Resolved
Dear Experts.
Husband and wife married for 9.5 years. Wife is not ready to start family, do not provide access for conception. Husband wants to file divorce petition based on
1.Wife do not give access to her husband / or share bed with him, husband is deprived for marital relations, even though they stay in same house.
2.Wife has taken sole decision of not having child. Deprive husband from parenthood. She do not want to take any responsibility of child.
Husband has done counseling in Family court help cell, still no improvement in attitude of wife.
Husband wants to file divorce, if wife improves / changes her attitude during counseling / mediation , can he take back the divorce petition.
prabhakar singh
(Expert) 30 October 2013
The mere QUESTION ASKED"can he take back the divorce petition."
AND THE ANSWER IS "YES"HE CAN!
ChandanLawyersclub
(Querist) 30 October 2013
Thx Mr. Prabhakar,
Just one small query
Suppose husband files case in Mumbai. He gets relocated to Delhi after 6 months due to job change/ transfer . Can he transfer his case to Delhi or where wife stays (Dehradun)?
V R SHROFF
(Expert) 30 October 2013
WHERE WIFE RESIDE...
ChandanLawyersclub
(Querist) 30 October 2013
Husband and wife stay together in Mumbai. Husband& Wife may move to Delhi/ Bangalore for better job after one year. Till final decision make on final verdict of divorce they planned to stay same house and city.
Rajendra K Goyal
(Expert) 31 October 2013
It seems that the couple remain want to live together even during divorce proceedings.
Explore option for taking some baby adoption provided the wife agree for martial relations with the husband without conception.
ajay sethi
(Expert) 31 October 2013
you have been married for nearly 10 years . wife refuses to have sex . it is ground for divorce . refusal to have sex amounts to cruelty . file for divorce and if wife agrees to have sexual relations then you can always with draw the petition .
since both parties are staying in mumbai file for divorce in mumbai . even if you are transferred to another city you need not remain preset on each date .
ChandanLawyersclub
(Querist) 31 October 2013
thx
actually
Wife not willing to adopt, take medical help of ART(IUI&IVF). Even Husband ok to hire surrogate, she is not giving ovum.
She avoid relations very often,it is zero on fertile cycle, approx nil on non fertile cycles.
Both not having sex with spouse and depriving from parent hood comes under cruelty. But husband has done mistake of buying joint property in 2004 now value 1crs, in which wife has not given single penny. Wife is asking for 50L(half). Husband's 16 years saving gone in that property.
He is willing to pay =20% (Husband salary)- wife salary( wife is working) as maintenance
How can he get back his house?
malipeddi jaggarao
(Expert) 02 November 2013
As she is denying conjugal rights, first file divorce petition. If you prove before the court that the property is purchased with your sole money, the court can decide about the property.
Rajendra K Goyal
(Expert) 02 November 2013
In such a case filing divorce petition on the grounds of cruelty is the way available. It would be difficult to convince court that wife who is joint owner of the property should not be given share in the property. Since she is earning and there is no issue out of wedlock, maintenance case may be decided in your accordance.
