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Can Contested Divorce may hamper in future.


04-Nov-2023 (In Divorce Law)
I hv filed a decree of restitution of conjugal rights petion against my wife n on contrary she filed an application u/s 13(1)(i-a) of Hindu marriage act 1955 praying decree of divorce separately charging allegations on me n family members. After attending no. of counselling we decided to get divorce from each other and I decided not to start cross and so I withdraw my congugal right petion with evidence. We filed mutual divorce petion but the court rejected the petion by saying that the opp. party's (wife) petion is pending and the opp. Party should provide evidence with witness to the court and after argument & judgement divorce will be granted. Now what should I do bcoz I had already submitted petion not to start cross? If the court granted divorce depending on opp. Party's allegations what should I do to get rid of future consequences?
Answers (1)


LawRato

Answer #1
849 votes
As you have withdrawn your restitution of conjugal right petition on the plea of for applying for mutual divorce and already filed, court should have proceed with the mutual divorce petition. To my understanding court cannot reject your petition. Rather, court may suggest to withdraw the divorce petition filed by your wife.
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