Hi Experts,
Looking for some valid opinions, suggestions and guidance regarding the below case.
After marriage , within few months, wife demands separate residence admittedly guided by a relative. Husband denies and faces her fury and demand for divorce. Husband denies divorce and tries all possible steps for convincing wife. Husband is the only son of ailing parents. Wife does not heed to request. Family panchayats are held with members of both families,where the wife is found to be doing wrong, and supposedly adviced by her family members to mend her ways. this process of demanding from wife and panchayat being held repeats over almost a year. Husband finally frustrated and helpless, agrees for separate residence.but attitude of wife stands unchanged and abuses husband for trivial reasons and demands divorce. husband files information letter / complaint to comissioner of police to help resolve the matter. Case is referred to juristrictional PS and mediation is held where wife admits to mend ways.but husband, is yet again humiliated.
following this husband files for divorce under sec 13 i(a) for cruelty, as wife pestered for divorce and iltreated continually for a prolonged period in spite of all earlier efforts by husband to reconcile. when summoned to court, wife appears without lawyer and agrees for mediation.during mediation, wife admits to being inconsiderate and having demanded divorce. Also goes on to admit the mistakes (orally with mediator) and requests husband to forgive and give another try for the relation and a chance for her to live correctly and discharge all resposibilities and duties. but husband is so hurt that he is not in a state of mind to trust wife again. wife claims to provide an undertaking to not initiate any action now or in future aginst husband or his family as she now stands realised of her own follies.
PLEASE NOTE: no other cases of DV or 498A lodged or pending. NO RCR pending either. In short, no other cases pending.
The questions are as below:
1. Should husband consider reunion with wife?
2. What precautions should husband take if he considers reconciling?
3. for husband to consider reconcilation, should he or can he ask wife to submit a statement in court admitting mistake and requesting for pardon from husband?
4. In case of such statement submitted by wife, what is the specific details that must be emphasised to ensure no liabilities on husband?
5. In case of wife denying to give such statements, what is the possiblity of getting divorce decree by husband?what would be the time required? what is the process involved?
6. what would be the view of court if wife seeks pardon?would court direct the husband to reconsider? what is the process involved?
7.Any specific proof that would come to aid of husband to substantiate cruelty by wife?
