Filling divorce petition
nishika
(Querist) 17 January 2015
This query is : Resolved
Hello Sir/Madam,
I have filled an 498 against my husband in June 2013 and case is in family court now. I have filed a petition for divorce in family court last week Jan 4th 2014. Can you please suggest me. Court has sent a notice to my husband for March 3rd 2014 and it will be first hearing. But My lawyer as suggested me to be present on same day so that through 3rd party we can get the divorce papers signed by my husband. So that within 4-5 months we can get divorced. As i want to end this procedure ASAP since i have lost patience.
But i'm scared if my husband doesn't sign divorce papers. He has told most of common friends and extended family that he would torcher me without giving divorce.
My question is if my husband doesn't sign divorce can i still take back 498a and divorce petition and say in court that i will get back to husband's house.
please suggest.
Advocate Kappil Cchandna
(Expert) 18 January 2015
Dear,
Yes you can .... But in future it would have negative impression for future litigations if any ....
Kapil Chandna Advocate 9899011450
ajay sethi
(Expert) 18 January 2015
once your have filed divorce petition case would be referred for counselling wherein both husband and wife have to remain present . at that stage try to arrive at an amicable settlement wherein your petition can be converted into divorce by mutual consent
Rajendra K Goyal
(Expert) 18 January 2015
Not advised to withdraw cases at this stage. Wait for the hearing and counseling.
a.k.singh
(Expert) 18 January 2015
try with good marriage counselors and proceed accordingly..A.K.Singh( 9892952981)
R.K Nanda
(Expert) 18 January 2015
no more to add.
Devajyoti Barman
(Expert) 19 January 2015
To express your willingness to to go back your husband you need not withdraw the suit first.
Go for a mediation first and then settle on terms of compromise.
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
Divorce case will not get disposed within 4 or 5 months as wrongly advised by your lawyer. You have just filed it, even the first hearing has not come, so wait for the summons to be served on your husband, let him receive it, react to it and make his intentions clear about the case or whether he would cooperate for mutual consent divorce or whether he would cooperate with the mediators on it. Do not rush up or decide things in haste because the present litigation is itself appearing as a decision taken in a haste, so be patient atleast henceforth.
