Kalpesh 29 August 2018

Conversion of divorce petition

Dear all

I had applied for divorce in 2016 and fighting other cases also filed by them. Now for the 4th time they have come for mediation. It has become a routine for them. Asking for astronomical nearly one crore and storming out of the mediation hall. Anyway, I have not responded to their greed and going on fighting DV and FIR. The mediator last time told me that the divorce petition filed by me has to be withdrawn and converted to 13b.

My greatest fear here, is after I withdraw the 13(1)(ia) and after receiving some money, if they backtrack, will I have to begin from the beginning? I filed in 2016 and if I have to contest again I will be going backwards by another three years? My wife and party are eyeing even my parents property if not now at least on a later date. It looks like she has no intention of getting married again and so now their main aim is money and revenge. They are so shameless and can stoop to any level to secure this aim.

is their any alternate way to deal with the situation? Can something be done without withdrawing the divorce petition? My lawyer, and it looks like her lawyer are eager to close it down.

At any cost I don’t want to go back to where I began. I am even ready to fight . So kindly advise what are my options in case the mediation gets through.

One more question. Is the husbands salary or let us say income the only yardstick to decide alimony? I mean permanent alimony in case I opt to fight it to finish? Kindly guide. The mediation, I should say, the 4 th one is to be held tomorrow. I need as. Many opinions as possible. Please.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 29 August 2018

Dear querist,

Need more inputs from your side, if wiling may contact.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Kalpesh 29 August 2018

Deepak Joshi Sir, did not get you. Need inputs means? I think I have written my doubts clearly. Please explain?

SHIRISH PAWAR, 7738990900 (Advocate) 29 August 2018

You already have appointed advocate so go with his advice otherwise you will be confused. If you have any doubt about your advocate you can change your advocate.

Kalpesh 29 August 2018

Respected Shirish Pawar,

The sole purpose of this forum is to help litigants who are already having a lawyer but are confused and that is why they are seeking second opinions. Paying lawyer who collects his full fees even before the case has even really begun is itself difficult for the hapless litigants. On top of that you are asking the litigants to change the lawyer. Sir, I presume that this forum is for large hearted men and women who can freely dispense opinions and advises in the light of the struggles they themselves would have gone through. And it’s a bonus that we see many learned lawyers giving their opinions and that includes you , Sir. So sir, kindly enlighten me as to whether I will be trapped if I withdraw my original petition. You would have seen or come across so many characters during your years of service. Sir kindly understand that I am in no position to change my lawyer and pay a new lawyer from the beginning. I confess, I am seeking free advise and I am not sorry. Expect a good reply from you Shirish sir.