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Sidharth   22 August 2016

Divorce petition maintainability

Dear All,

I have field the divorce petition in year 2008 my wife opposed that but i was not able to continue that case due to some circumstances so i withdraw that in 2010.

 

Now my wife has filed the divorce case i.e in year 2016.( I have recieved summons and first date is yet to come.}

 

Is there any point i can challenge the maintainability of petition ?

 

She has used her maiden name vs my name but in our another case  of DV Act (which is pending in court)  she is using her surname of after marriage,

 

is it legally correct or i can challenge this?



Learning

 4 Replies

A walk alone (-)     22 August 2016

Why are you dragging dead relationship since last 8 year. You both want divorce then go MCD and lead a happy life. Contest divorce is only wastage of time and money. Just assume you contest and her divorce dismissed it may take 3-4 years and after 3-4 year you will file fresh petition for divorce it will again take 2-3 year. Total approx 5 years you will waste. Try MCD instead of wasting time and money in court

Sidharth   23 August 2016

@walkalone.

I am expecting legal right or wrong not what you personally think 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     23 August 2016

Yeah divorce petition maintainable. Your withdrawal has no impact upon her cause of action to prefer the petition.

The difference in the name hardly matters unless you are disputing her identity which you are not.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Sidharth   24 August 2016

 

@Mr Chatterjee

Thanks for the revet my only intention was to linger on the case never mind i will find another way to do it


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