AARTI (NEW) 01 December 2013

Husband backing out of mutual consent divorce

Dear Sir - Kindly help! My husband deserted me and he filed for a divorce and I contested because of the false cruelty charges. and also filed 498A against him only as he had kept all my jewelry and our consolidated wealth. My 498A charges were found true by police and a case has been registered against him only & not his family due to his influence. Since I have a small daughter I was fighting this case but seeing his lies in divorce - I agreed to give him mutual divorce within few month asking for no money from him and with a condition to fight the 498A and maintenance cases He agreed on the mutual divorce petition- we got it registered and later on first motion date he backed out saying he needs more time and wants to reconsider his decision- and wants to contest only. On the contested divorce it looks he wont be able to obtain the divorce. Now since I dont want to stay with him- please suggest what are my options. I dont want to give my right on figting 498a as he has all my dowry articles and I feel not fighting for those will be unfair to my daughter. I would be very obliged if all the learned lawyers out there could throw some light from their experiences. Thanks- Aarti

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7 Replies

Tajobsindia (Senior Partner ) 01 December 2013

Well you cannot bake and eat the cake too is what reflects out of your query before us.

If he wants to re-consider on joining or not joining a MCD preceding then it is one partners wish and you cannot force him to join as it is against the nature of very proceeding.

Better would be to proceed on your S. 498a IPC – stridhan – maintenance cases and contest his divorce suit matter too.

Why you are now in a hurry when you say to us that he cannot prove his divorce case? If he cannot prove then on paper he will still remain as your legal husband and your so called chances for re-marriage will remain always on hold till a clear Decree cometh.

Afterall when couples approach Family Court for verdict in their favour they need to exhibit patience too and you cannot be acting singularly to become a free bird with MCD Decree and a sword of S. 498a and your other cases pending on his head even though you may have mentioned you are giving him divorce for free (i.e. with no monetary consideration)! Such consideration are prone to re-opening in future as ‘Maintenance to ex-wife / child’ are ‘State subject’ and cannot be left to parties whims and wishes.

Remedy:
Contest cases for / against with assistance of a seasoned Advocate keeping patience to your side.

great india (manager) 01 December 2013

Hello sir, Good to see you back... Will A mcd with withdrawal of all cases would put an end to it....????

Pradeep Kumar (Lawyer) 01 December 2013

I will advise you to send a letter to your husband requesting to enter in 2nd motion.Write to him that you are not taking any alimony in lieu of divorce yet you have option to get the same. Send this notice through lawyer. Surely the effective notice will prompt and made him to come for 2nd motion. Reg Adv. Pradeep k Khatana +919871765000.

(Guest)

Originally posted by : AARTI

Dear Sir - Kindly help!

My husband deserted me and he filed for a divorce and I contested because of the false cruelty charges.
and also filed 498A against him

That is the main fault of yours. Filing a 498a. You could have as well asked the items back by filing a formal complaint in women's cell by showing the appropriate bills and a list of the entire items you claim to be with your husband, they would have solved the matter in a much easier fashion.

Now that you have already filed and there is burnt in your husband's mind, he will make sure he will give back what he has gotten from you.

In the meanwhile, you can follow pradeep kumar's advice.

ie ... write to him stating that you dont want any alimony as such and pop he will appear on 2nd motion date out of the blue !

The same can be done via your lawyer sending such letter to your husband too, which will have more effect !

Good Luck.

only as he had kept all my jewelry and our consolidated wealth.
My 498A charges were found true by police and a case has been registered against him only & not his family due to his influence.
Since I have a small daughter I was fighting this case but seeing his lies in divorce - I agreed to give him mutual divorce within few month asking for no money from him and with a condition to fight the 498A and maintenance cases

He agreed on the mutual divorce petition- we got it registered and later on first motion date he backed out saying he needs more time and wants to reconsider his decision- and wants to contest only.

On the contested divorce it looks he wont be able to obtain the divorce.
Now since I dont want to stay with him- please suggest what are my options.

I dont want to give my right on figting 498a as he has all my dowry articles and I feel not fighting for those will be unfair to my daughter.

I would be very obliged if all the learned lawyers out there could throw some light from their experiences.

Thanks- Aarti

AARTI (NEW) 01 December 2013

Thanks for reply Sir, Just wanted to point out here that in my 1 1/2 yrs of marraige with him- I did not know that he is characterless which I am finding right now. Due to this- I took a decision to break away from him cause he is dead horse for me. That is why I agreed to mutual petition. Regarding 498A- all i did was file a complaint in the state we were living due to his misbehaviour. After My first complaint, I came to my parents house and filed a complaint in women cell to retrieve the jewelery and settle the matter - but they sent police officials from other state and asked the women cell not to proceed since I had done a small complaint in that state. Later I came to know that Police used their power and filed a 498A on my behalf on the complaint i had done. I think women use 498A to harass the husband and their in laws and that is why I have seen a lot of agression in men towards it- even the judges fail to see a genuine case like mine. Anyways,I wanted to highlight this too so that people if they come across this- they can know how a husband can use power and influence to harass a women - who wants to genuinly fight for her right. Regarding my options- I could understand from your query that I have to keep patience. However I just have 2 more questions: 1) if I win contested divorce case- is there a chance that I can file a divorce petition and get rid of him? How long will that take. Can I move to high court instead of lower court Please let me know my options? 2) Will withdrawing from mutual divorce- negatively reflect on his case? Thank you so much!

SRISHAILA.DHARANI (Advocate&consultant) 01 December 2013

However I just have 2 more questions:

1) if I win contested divorce case- is there a chance that I can file a divorce petition and get rid of him? How long will that take. Can I move to high court instead of lower court Please let me know my options? -- yes you can file thereafter, in the family court. Don't go to the high court.

2) Will withdrawing from mutual divorce- negatively reflect on his case? - It will not.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com