Sreenivas V (S/W) 12 June 2014

Compromise formula in divorce

Dear Members

I filed a divorce case against my wife in 2009 who filed 498A on me in 2008. Got seperated in 3 days after marriage. I won 498A after 4 years. Now the divorce case came for arguments. It was pending for arguments since 1 year.

Divorce case was filed under cruelty, adultery and voidable. Now the girl side is saying if we drop adultery they are also ready to take divorce. So what I was said is if I agree for this court will give divorce with out any arguments under cruelty and there will be no more arguments and no further appeal by both sides.

So I wanted to know if this is good to go ahead or any problem s we may face. How long this may take to grant a decree of divorce.

Will court ask to pay any money to the girl. Or there will be any future issues here.

Actually both lawyers asked Judge for compromise formula, Judge said if they prefer for living together then only Court will go for Compromise formula for separation court does not have any compromise formula.

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4 Replies

(Guest)

Hi sreenivas, I am not a lawyer. On reading your post i jus want to make you think of removing adultery from your divorce asked by girls side. I hope on the same grounds (adultery) u won d case 498a filed by girls side. Think and proceed. Next will be yours future.

Sreenivas V (S/W) 14 June 2014

Thanks Balaji.

Yesterday I got more clarity on this in court. The current status of our case is to start arguments and it was pending like this since 1 year. Now the girl side lawyer came up saying as there was adultery clause in case and this will spoil the girls life. For this reason if this is removed from case and they are ok to take divorce on the other charges of cruelty. But now as the trial has completed and all evidences recorded, now to do this again the trial has to be restarted or present case has to be withdrawn and a new case to be started.

But what the other party telling us is to get a quick divorce but this will delay long so finally our lawyer decided to go with arguments only and no other formulas as suggested by other party.

Even judge has said same why cannot the arguments should be continued to get fast divorce instead of making last minute changes to this case which will delay more this case.

Actually it seems these types of any should be tried before or initial stages of trial.

I also said one thing to other party lawyer that mere writing good or bad in divorce alone will not decide the actual character of a boy or girl. Society knows the truth and that is more important than how you get divorce.

So we felt they tried something bad here in this story and Judge did not allowed their tricks and instead questioned them on some points which we also thought of asking and the lawyer was not able to answer the Judge questions.