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Applied for mutual divorce/mediation but wife is not cooperating


01-Oct-2023 (In Divorce Law)
I have applied mediation in Delhi high court for mutual separation from my wife. But she is forcing to live together again. What should I need to do? Do I need to agree or file divorce? So if we decide to live together again and come to resolve meditaion based on written statement of my wife that she will not repeat the mistakes again. So shall I also get the mediation settlement agreement copy along with her written statement. And if in future she will again do same mistakes then I take divorce on the basis of meditaion settlement agreement. Thanks
Answers (5)

Answer #1
923 votes
Violation and non- compliance of terms of settlement will become grounds and reasons for divorce . You have to decide as to whether or not you want to reconcile and live together. You may agree for reconciliation if you wish to retest otherwise go for divorce on the grounds available in HM Act. For details and or legal help you may if so desire, contact me . I am in Delhi High Court.
Advocate S P Srivastava

Adv. S P Srivastava

LawRato Delhi | 25+ Answers
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Answer #2
638 votes
Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards
Advocate Ganesh Singh

Adv. Ganesh Singh

LawRatoDelhi | 5+ Answers
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Answer #3
803 votes
Well mediation is not binding brtween the parties untill and unless you go for final before the concerned court of court pass any order on the basis of mediation then it is effective otherwise not so if your wife sent for divorce then only way to contest the matter
Advocate Rajendra Sharma

Adv. Rajendra Sharma

LawRatoDelhi | 200+ Answers
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Answer #4
559 votes
It is not clear from your query as to whether you have applied for Judicial Separation or divorce by mutual consent. However I must make you clear that judicial separation and Divorce are two separate things. Section 10 of the Hindu Marriage Act deals with Judicial Separation and even after passing of the decree of judicial separation , marriage between husband and wife subsists although the spouse applying for judicial desperation is under no legal obligation to co-habit with the other. However section 13 of the HMA deals with divorce and section 13 B deals with divorce by mutual consent.
It all depends upon you, how far you have condoned her mistakes and how far she has condoned your mistakes. If things are flexible there is no harm in coming to a logical settlement. I would advise you to please give me full account of your case so as to enable me to give you proper advice into the matter.
Advocate Harish Chandra Yati

Adv. Harish Chandra Yati

LawRatoNoida | 5+ Answers
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Answer #5
870 votes
That completely is your decision if you see that there is no scope of amicably settling the disputes then you can go ahead and file divorce on the basis of cruelty and give it sometime to settle down,therefore gradually things will work out in your favor. Therefore that is the only option that you can avail when you don't want to live with her.
Advocate Nishant Solanki

Adv. Nishant Solanki

LawRatoDelhi | 5+ Answers
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