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Pls advise - divorce case withdrawn by husband!

Page no : 2

Samir N (General Queries) (Business)     08 October 2013

It is easy to give advice to stay together, to try again, etc. But only the person who has suffered knows the pains of what that entails. So, lady, let me give you a practical advice and a legal one (although not a lawyer!):


Practical advice: Evaluate the situation from a long-term perspective. With a few sacrifices from your side, can you two get together for the child's sake. Does he love the child? Is he violent? Is he an alcoholic? Is he a capable earner to feed the family? These are important questions you need to answer to come to a decision. And no lawyer can help you in this analysis.


Legal advice: If he wants to withdraw the petition but you want it to continue, then the procedurally correct way to do so is for you to file a counter-petition or a counter-claim or a cross-claim (whatever that is called in legal terminology here) for a divorce based upon your grounds, whatever they be. This way you can use the current petition to pursue your claim without the need to file a fresh one. However, there may be time limitations but there probably are ways to ask for condonation of the same. I think that the cross-petition has to be filed at the time of filing the Written Statement. I am not too sure but what I am suggesting is the correct approach to do what you want to... Also, the new law may favor you so it may be worth waiting. I feel sorry for you because you are a mother with a newborn. 


One more thing... there is some discussion here about advocates... Be very careful about advocates in general. Most of them are IDIOTs. However, Adv. Kalaiselvan's general advise is worth considering if you can think of your baby's future... GOOD LUCK!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2013

agree with experts, nothing left to add

fortune (Lacturer)     09 October 2013

 

Hi All,

I sincerely wan to thank you all for the suggestions you gave in such a short time.

I regard all these inputs. 

Cross petition is a answer I was looking for...thanks a million Samir.

I'm not very happy with our lawyer but I'll see now what he says.

 

Thanks again, I'll get back.

Ranee....... (NA)     09 October 2013

Originally posted by : fortune

Hi all,
I came to know about this form so writing to seek your advice.
I got married in 2011 but came out to live with my parents after 15 months of marriage although I was pragnant at that time.
I gave bith to a baby girl later but my husband sent me divorce paper at same time.
We've been fighting that case from 2.6 years now but suddenly he has now apllied to take his divorce case back.

Please suggest me that what I can do now ? if his request is accepted then will I have to start it all again from scratch by filing a new divorce case from my side.
Please advice.

Thanks a lot.

Seems you are the wrong doer in the whole situation.BTW, if you too want divorce then why did you keeping contesting him?You could come to a settlement at the time of mediation.Now if you want divorce convince him for mutual consent divorce.

T. Kalaiselvan, Advocate (Advocate)     09 October 2013

Fortune,

If you feel that you want him not to be allowed to withdraw his divorce petition, in case you have already filed a counter for the main petition containing your denials of the entire allegations and have included your counter claim for restitution in the counter, you can file a counter for the present interlocutory application/memo filed by your husband seeking withdrawal of case giving your strong objections citing the reasons that your counter claim is already pending, a decision on the same is to be made and then only decide about the present petition.  In your counter or counter objection you can state that your husband filed the main petition vexatiously on false and frivolous grounds which have caused you a lot of mental agony, however, with the present scenario not in his favor, he feels that he may lose his case, especially in the event of he made to shell out a heavy amount as settlement, creates a scene to attract sympathy of the court thereby enacting a drama to ruin me and my child's future, hence you strongly object him to withdraw the case. You can add many more factual things which you feel worth enough but be honest.  Think twice before taking any adverse step against your husband especially keeping your child's future in your mind. Advocate Kalaiselvan, ph; +919443441062

Dr J C Vashista (Advocate)     10 October 2013

Contact your/local lawyer, thanks


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