Timing...When to file for divorce?

No MAN SHOULD DIVORCE A WIFE WHO HAS FILED ANY CASE ON HUSBAND AND/OR HIS FAMILY UNLESS AND UNTILL BELOW CONDITIONS ARE MET. THIS IS PURLY MY VIEW AND NOT SURE IF THEY ARE FULL PROOF BUT STILL WOULD LIKE TO KNOW MORE FROM EXPERTS

1) Wife withdraws all the cases with affidavit in concerned courts that all the allegations are false and she alleged because of the instigation of her family memebrs and/or lawyer.

2) Wife mentions in the affidavit that Husband is and was ready to continue matrimony but she is the one who had been cruel and deserted her husband and filed false cases to get hefty settlement and idiate in his father's house and to enjoy with his ex. BF.

3) Wife mentions in the affidavit that Husband and his family has taken upmost care of her and never tortured her mentally/physically or otherwise and never demanded anything.

4) Wife mentions in the affidavit that she is capable to earn and to maintain even higher standard of living than his husband and also that she has bank balance/fds and properties.

5) Wife mentions in the affidavit that his husband is kind that he is agreeing to divoce to a cruel/deserter and/or adulterous wife even after going through so much harrasement by me and my family.

6) Wife mentions in the affidavit that since she is capable of maintaining even higher status, she offered to even give a lumsum amount to husband but husband refused as he is honest MAN WITH DIGNITY.

7) Wife is giving permanant custody of the child to father and request for visitation rights on so and so day of every month/week as she is not a good mother and would not be able to take as good care of the child as father and his family could.

8) Wife is deeply ashamed of whatever she has done to his husband and his family and child and will not file any cases civil or criminal for any remedies in future in any situation.

9) All the stridhan issue has been settled.

10) If wife file any litigation in future then it would be baseless and just to further harrase the husband.

IF ANY HUSBAND CAN BRING HIS WIFE TO HER KNEES AND MAKE HER WRITE ABOVE TERMS IN AFFIDAVIT IN ALL THE CONCERNED COURTS WHILE WITHDRAWING CASES THEN AND ONLY THEN ONE SHOULD GIVE DIVORCE OTHERWISE CONTINUE THERE LIFE WITH LITIGATION OR BE READY TO FACE FURTHER HARRASEMENT AND/OR LITIGATIONS.

Experts inputs to above terms are welcomed.

Regards,
PC

@ Author

See you have been guided partially is my view. Even under S. 125 CrPC the concerned Court (your wife's Jurisdiction) is having power to mediate and seek mutual consent there and it is not that once you file divorce in your Jurisdiction bze of mediation activity in your Jurisdiction she succumbs and takes a charter flight to your Jurisdiction and there pops a MCD (mutual Consent Divorce) based on your jurisdiction. See why would she do that once she has raised a "demand" in her Jurisdiction !!! Think............


Now the beauty of your query is that you on one side say you are unemployed and due to some ld. Advocate wisdom showered upon you, you are coaxed to file divorce in your jurisdiction and you may have agreed for some amount to give as MCD during mediation (proposed n I am not saying that you have committed) but then all these looks to me slightly tiring way to run family law litigation.


Reason being if due to xyz factors if you have decided to part your ways then first seek HER views to amount (past, present and future) and come mid way and get it over with succumbing to her Jurisdiction amicably as in my view she will never come to your Jurisdiction unless and until the amount is quite lucrative enough and meanwhile she is been given security to travel to your Jurisdiction.


However it is your case and I have my views to all these which is not binding upon you but just for clarity on how things work in cross districts / states MCD I gave my above views.


Now to your que. on future maint. demands post MCD my view is that if she withdraws currently her Crl. maint. due to entering into compromise and remains un-married and without source of earning (price index rise), medical needs in future, her mothers medical needs etc. then today's closed crl. maint. case is re-opened under 'change of circumstances" for a simple reason that civil maint. cases can be withdrawn easily as there is no civil liabilities between spouse per se but the moment wife invokes criminal liabilities for her maint. the STATE comes as big daddy under 'welfare clause' granted to protect women as per Constitution of India Art. 14, 15. So mildly think about all these and if you really want to end all these then go pragmatically taking wife into confidence via good neutral mediation either at her jurisdiction and or at your jurisdiction and be in mild friendly terms with her forever post MCD till she re-marries that way she may not waiver and re-start change of circumstances based maint. demand again in near future is my colly. views.


@ PC

I wish any husband has been able to get such and such under Affidavit till date then only what you guided readers with comes TRUE to BOOKS of Laws. However it is doable is also my view if strategy by husband’s side is perfectly executed. Also there may be some hidden cases based on your above affidavit paras happened in past in some un-reported case laws which I am atleast not able to stumble upon so thy name precedent is one of my view.


I would be glad to know - create one @ PC J 

Thanks much TAJOBSINDIA for an insightful and enlightening reply.

My local lawyer's thinking is "let's make her run too -- in our state. eventually everyone gets tired of running around and then come to nehotiation table...after all the marrige is unworrkable. since both of you want divorce"

I am hesitatnt to start div proceedings from my end...least she gets more vindictive and slaps on false DV or 498's (CAN SHE?) . although she can'e prove any for I never did anything wrong. At least in her heart she knows that I never touched or or took a single pice. she is just driven by her relatives who want to extract money.

I request one more opinion from experts...in her jurisdictions can she file false 498 after 4 years of separation? I am a layman but common sense dictates that if an alleged crime took place 4 years ago in  my state --then he should not be able to file a complaint now (due to 4 year lapse) in her state (because alleged crime took place in different state). Am I right?