Filing divorce again

Originally posted by : Rajender

Observations first: This time you should have distinguished petition by adding ' 'exceptional hardship to you on account of not enough s*x in young marriage and constant denial for same by her on flimsy grounds r/w private consent terms not followed which earlier you considered and withdraw without any liberty clause which are most crucial paras second time when same cause title petition under family laws are filed in reference to context'.

1-In district court my opposite layer says that this divorce petition can not be run in the court.
Take: it can very well run till a superior Court directs so.

as this was alreay transfered by suprem court ( in suprem court my wife hide the true face of her working ).
Take: You should have attempted filing Contempt affidavit in SC then!

2-Judge also says that it was withdrawn and all previous ground of divorce will be null and void and on same ground this case cant be filed
Take: That is why I said one should have included observation para to distinguish. .Now seek liberty to file Amendments and get it allowed. Amendments are contentious paras of during - post withdrawal which are in your large brief here. Sit with seasoned petition writer and point the distinguishing 'facts'. After that the trial will proceed is my view.

3-where  as my layer  given some argument of res juricata and trying to convince the judge that it is oK and can be file in this court .
Take: I didnot understand all these short change pleadings; as res-judicta is not what he should have plead is my view.

Judge also send both of us for out side settelment but she is demanding huge amount .where as the court decided amount and i am ready to give that to her but she is refusing to accept that amount.
Take: Attempt for amendment of petition first and may also hint for judicial separation as 'same facts' parties are constantly bringing to Court which means there is something not conducive for the parties to live together under same roof. Also one may seek longer dates for mediation so that the more elapsed time parties stay out of their relationships ultimately Court may grant atleast judicial separation. Also attempt for allowing voluntary payment (which in your brief you say you are comfortable with) to wife and that may also be taken under pleadings at later date why party conduct leads to judicial separation or divorce at the end of the trial.

Live illustration now:
In reference case scenarios we also advise party to elasticize mutual consent payment terms wherein say if wife demands 10 L for divorce and husband also firmly wants divorce and has right now capacity to pay only 3 L then final negotiated balance payments are put in such tight terms of payments basis, such as every 3 months or 6 months this much amount and/or say every month ending this much fixed amount till such and such X year all arrears to be cleared by husband.
Recently for a husband’s case in Delhi we got more or less such terms of their negotiated final payments extended to 6 years and based on which recently got quash of S. 498a / S. 406 IPC as well as parties already ended up their  marriage by a divorce decree via MCD route.
This chap once had a very small scale industrial setup in West part of Delhi once, and due to Delhi’s sealing drive r/w acrimonious matrimony he was facing literally living on street with several IPC charges on his head and was found out that he could now a days only afford 2 K per month towards maintenance whereas balance final negotiated amount as full and final was fixed by themselves after no. of mediation rounds was 1.44 L so when both badly wanted divorce this was the only option they had to make up mind upon.
Hence it was decided in such final terms i.e. every month till next 6 years he will pay 2 K and parties will have MCD on such terms and she will co-operate in quash at Delhi HC which she did and now this chap has been keeping his per month commitment words and living a court free life and last time we spoke he said he is concentrating may be restarting his small scale industry again in nearby NCT and his ex wife has gone back to her native place which is nearby Delhi and enrolled herself in teaching profession. 
Hence it all boils down to sound planning r/w sound reasoned pleadings when one party knows for sure the other party is clear on seeking only ‘divorce’ out of such relationships so no point sticking neck in Courts and chewing precious time of Courts and yours, otherwise come what may come contest till eternity cases no one stops anyone to contest family law cases.