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Vijaysekhar (Software)     03 January 2013

Pause button on divorce proceedings?

Wife filed a divorce petition seeking Rs. 55 lakhs as maintenance for kid. My lawyer filed objections. We have a 2.5 year old kid. Few weeks back I sent an email to my wife asking to take our kid out. She complied and came along with the kid. During the outing she said she doesnt like going to the court and asked me if we can end it mutually and she doesnt want any settlement amount. I suggested we meet again, just the two of us and we met in a coffee shop. During the course of the conversation the idea of reconciliation came up. Both of us are willing to honestly try, but considering my past experiences and our current schedules, I am worried we may end up fighting again which is even worse for the kid. My wife agreed that if 8-10 ten months down the line, if we again feel things are not working out, we can agree to mutually separate. Since we have progressed till the evidence stage in our current case, I do not want to start all over again with a new case later.


My question is: Can both parties request the honourable court to give us a date around Sep 2013 for the next steps in the current case?



Learning

 4 Replies

Ranee....... (NA)     03 January 2013

yes.you can inform court and withdraw this contested divorec.if the attempt of reconciliation does not work then you bhoth can go for mutual divorce.

best of luck and go ahead for the sake of the kid.

Tajobsindia (Senior Partner )     03 January 2013

1. Convert present divorce into that of Mutual Consent Divorce with MoU (Agreement) of no past, present and future maintenance to wife and no residence rights she claims along with such and such p.m. maintenance to child till child attains majority further mention parties will not file cases relating to their marriage on each other in future and these are our open end agreements on child visitations. 
2. Get the MCD Decree and remain as friends with ex-wife and you are still father to child with no bar on what ever happened in past r/w child visitation including overnight custody arrangements and financial and lifestyle independence of parties without any social commitments.
3. Via above opt-in in flat 6 months both are free to retrospect if this is what they wanted out of their current litigating phase.
4. Law does not come as a bar not to re-marry with same person after MCD which is true actually!
5. If after lapse of 6 + 3 more appeal period months once MCD Decree in hand of parties if both feel inching for re-union as undergone testing their mutual love and respect for each other and seeing sea changes respectively now opt for civil registered marriage with her again and start second innings with same partner on fresh note.

Above are simple paper work for the society and via which realization to once self if this is what helps them move ahead in respective life as self clarity comes instead of seeking opinion from third person to your shaky marriage seeing trust deficit. Child here is just a leaning pillar in your facts nothing else and emotive decision based on child is not advised at such belated stage which is my view.  Women donot know what they want, they expects instant resolution to their problem and when she consulted a lawyer he promised 6 months flat I will get you this and that too. Now when she actually experienced due process of a family Court she develops cold feet thus trying to patch up and majority of woman donot come with warrantee that she may not re-open cases so take your own decision having heard both views as you are on exposed list. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 January 2013

Just one correction Tajobs,

 

She would still be entitled for maintenance as live-in partner, if they stay together after 9 odd months. Also child's right of maintenance would never extinguish.

 

Regards,

 

 

 
Shonee Kapoor
1 Like

Tajobsindia (Senior Partner )     03 January 2013

By staying together I meant marrying again same person. In that case she gets status of his wife again and not live-in as in live-in partner and I never hinted on live-in as this queriest is in duality stage where he has to take all his calls.

Same is status of upkeep for child with MCD or with paper re-marriage. The paper decree suggested by me in hand will change both of them seeing what actually happened in current trust deficit phase which they are not actually realizing since facing each other in Court as child is the emotional obstacle and in such situation it is the man whose judgment gets cloudy and not women's as she herself doesnot know what she wants.

Nevertheless your observation are welcome too for the queriest.

 


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