Legal remedies against contested divorce petition
13-Jan-2023 (In Divorce Law)
I have had a health issue prior to marriage & i was practically stable for 3 years. Recently i got ill and went thru heart procedure; in between my wife and her parents have decided to get separated from me due to this issue. Now my wife does not want to stay with me and asking for a divorce by Mutual consent whereas i do not want to get separated from her. I even tried to convince her but all efforts are in vain. we does not have any kid as of now; She was due for 3 months when i was hospitalized (in Oct '17) but she and her parents have decided to abort a baby and the reason that they gave was due to your illness she had a severe trauma and in the process she loose the baby. Please advise the best way forward whether is there any law thru which i can bring my wife back in my life OR should i go for divorce by mutual consent? as she is not willing to continue with me anymore. We both belong to hindu families.
If you do not wish to go for a divorce you can seek restitution through the court. You both can attend counselling sessions there.
Since divorce is not easily possible on the basis of your illness which you have mentioned your spouse will ask you to file a mutual consent petition.
Since divorce is not easily possible on the basis of your illness which you have mentioned your spouse will ask you to file a mutual consent petition.
If you have tried to make your relationship stable but it doesn't turn down to your best after so much of your efforts and if she is not at all willing to come to you as your wife then it's better to get mutually separated.
Mister, i sense you are deeply in attachment with your wife so you can file Conjugal Right Petition in Family Court to bring your wife back and can take a chance. Practically speaking, though your mind is in her it is not your wife's situation. It is at all clear that She doesn't want to proceed this relationship otherwise she would have not aborted your child and would have took your care in serious health issue. In future though Court Order will be in your hand it will be nothing but wastage of time and money, better to give a consent in mutual consent Petition.
Or otherwise do a trick file a Conjugal Right Petition, prolong it so if time goes in years during pendency of matter her mind may change and she will continue with this relationship.
Or otherwise do a trick file a Conjugal Right Petition, prolong it so if time goes in years during pendency of matter her mind may change and she will continue with this relationship.
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