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conditional withdrawal of wife of matrimonial during mediation


17-Oct-2023 (In Divorce Law)
Dear Sir I have 3 cases against me ( crpc-125 ; DV and 498a ) After so many persuasion wife had given following situation to be presented in mediation. 1-Buy house/Flat in her name , Can it be taken ok by court 2-When husband said he don't have money she said take 1 years time & purchase house till that date keep cases on hold also she will start living with husband during that period . 3-Last should I take 498a wife back but real fact is wife & her family are very money minded . 4-Please suggest can money or property condition compromise possible
Answers (4)

Answer #1
627 votes
Hi first of all what is the family and all saying and all what is the court saying all what is the matter is the divorce still been done and all what were the things and all been given and taken by them what are they saying and all what is the stage and all is the divorce done and all u can ask them And sit down and talk to them or tell the court and all about it
Answer #2
644 votes
1-yes it is OK whatever condition you settle with, court would not have any objection
2-yes she can keep it on hold.
3-no you should go for divorce by mutual consent if your marriage is older than one year
4-yes you can settle it one time with divorce
Answer #3
904 votes
Hi,

I had a query as to whether you have initiated Divorce proceedings against your wife?

In the event that you do not wish to continue with your wife and intend on completing the Divorce formalities.
1) Yes. It can be taken on record by the Court that you intend on making the purchase of the house in the due year . However you will have to open up a separate bank account in which you would have to transfer money on a periodical basis to show your goodwill and intention of honoring your commitment.

In the event that Divorce proceedings have not been filed and you do not have the finances for your wife:
1) This is a matter that you should discuss with a lawyer in private , because as i understand , speaking on a public platform the true set of details are not available with me to guide you. However, you may consider filing a petition under Section 9, for restitution of conjugal rights. This will ensure that your wife returns home. In such a case, you will not have to make payments as you are fulfilling your marital duties.

If you have clarifications you can speak with me and I shall be able to guide you more effectively.
Answer #4
580 votes
In this regard, i advice you in case, if you really want to give her the flat after an year, then draw MOU and in that draw conditions in respect of which you seek mutual divorce and then you can seek that time of one year between the first and second motion. Further, mention that the all the proceedings filed by the wife will be kept in abeyance till the time of second motion and will be withdrawn when the decree of divorce will be withdrawn. Please mention that she and minor children will have no claim rights, interest in your property.

In case if you do not want to give, then contest your all cases thereby showing her conduct of being a money minded lady through the above said process of MOU confidingly. For further queries, please contact as you are entangled in worrisome situation wherein you actually require perfect legal advice.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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