DV case and divorce case filed by wife. Can i agree for the divorce?

Hi Sir, I have a DVA case filled against me over a years time now which i keep going for hearing but the enquirer has not started yet, and i have a divorce case filled from my wife's side as -well, i have tried my level best to convince her to live with me to which she does not agree, and i have made up my mind to look my future instead of fighting for a unhappy life. Can i agree for the divorce which she applied or should i not to avoid high maintenance charges. I would like to have a good suggestion please.

Answers (3)

149 votes

If you have decided to divorce, try for mutual consent. As it is, your wife is wanting divorce. So, file along with her after confirming her maintenance requirement. If you accept for divorce in the existing petition, the divorce order will comprise of all the allegations that are available in the petition filed by your wife. That order will be detrimental for your next step in your life. For further details, Contact me thro lawrato.com

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111 votes

You can propose a mutual consent divorce but on certain conditions which are as follows:
1) To withdraw the Domestic violence case pending against you and your family members;
2) To not to demand monthly maintenance amount instead a properly negotiated and justified one time settlement quit amount can be agreed upon for parting ways permanently;
3) to cooperate to withdraw the dowry harassment cases, already filed if any or to give an assurance to not harass you with any such cases in the future;
4) To give you the child custody or to have a joint custody of the child with permission to visit the child periodically as per the agreed time table.
5) Any more such conditions which are suitable as per the prevailing circumstances/situations.

Thus a proposal for dissolution for marriage on the grounds of mutual consent can be made according to above terms or with any other items included in it as seen to take care of the future interests.

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103 votes

As your wife has applied for dv as well as divorce it is suggested that you talk to her and change the divorce to mutual with a one time settlement amount. Also ask het to with draw the dv case that is filed against you. this will solve your problem and give peace of mind to you. The entire process will get completed within six months period.

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