hmop sec 9
28-Feb-2023 (In Family Law)
I have been separated with my wife for almost 3 years now. I filed a "Restitution", based on my lawyers advice and after having tried all possible sources of reunion. My mother in law is an advocate and my wife happens to be a law graduate. we got married in 2011, and have hardly stayed together. My mother in law is a manipulative lady, and have spoiled many a family before spoiling the life of her daughter, which is a separate story altogether. After filing restitution, and dilly dallying the process, in october 2016, she came up with proposal of divorce. Since then,she has been prolonging the process by wrongdoiings; like filing it in a different section. unofficially, i now, this will not be posted by the court admin due to procedural lapses, and i am never going to get the divorce notice by post. the respectable judge, who was givig short dates till last time, has give the date requested by my wife' s lawyer, i.e; on 23rd of march.
If your willing to go for divorce then you may withdrawal the restitution of conjugal rights petition and immediately you can file the petition for divorce on the ground of cruelty and desertion. You need not to wait to file the petition by her. If both of you have consent to divorce file a 13B petition, in such a situation you are need not to wait for the 6 month cooling period.
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