Can i open my pwdva case

Querist : Anonymous (Querist) 23 September 2011 This query is : Resolved
I had withdrawn my PWDVA case against my husband, didn't took money from me. He has tortured me alot, but when he pleaded to withdraw my case i did. He promised me that he will give me divorce, in mutual concent, but now he is not coming to court for counselling.

Can i reopen my PWDVA case ??

How can i get divorce now ??
Iam so depressed, help me.

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prabhakar singh (Expert) 23 September 2011
In absence of mutual consent,a contested divorce petition is the only course left.

Devajyoti Barman (Expert) 23 September 2011
No need for reopen. File a fresh one.
For divorce you have to file a suit for divorce unless he consents for mutual divorce.
cheer up..

Raj Kumar Makkad (Expert) 24 September 2011
If your husband is not coming to attend conciliation meeting then you directly file divorce petition instead of re-opening or re-filing your PW Case.

Shonee Kapoor (Expert) 24 September 2011
1. If you had withdrawn the PWDVA, 2005 without liberty to file the same again and no fresh ground is made out you can not file the same.

2. Divorce has to be contested, if there was some agreement, the breach of this agreement itself is enough cause of action.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arun Kumar Bhagat (Expert) 09 October 2011
I shall go with Mr.Barman only.

Sailesh Kumar Shah (Expert) 09 October 2011
you need to file divorce petition instead of re-opening/fresh case of PWDVA case.

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