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Filed RCR petition against wife in return she filed for divorce
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?
When both the parties agree for a divorce by mutual consent, the court cannot force divorce by any other way. Just get a settlement deed executed first and then go before the Hon'ble Court with that. However if the Court is still forcing that proceedings for divorce under section 13(1)(ia) HMA cannot be dropped then you can go in appeal before the High Court but I believe that such a scenario would never arise.
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Adv. Samyak Raj
Delhi | 500+ Answers
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