2+ Lawyers are online
Procedure in case wife is backing off from mutual consent
14-Oct-2023 (In Divorce Law)
In 3 Years of our short marriage, we have decide to part ways. And filed divorce petition mutually But now when we are approaching the final hearing in January. Wife is not willing to sign the final document, not willing to give divorce. In this situation what can I do.? A little background to our case. I was harrasesed Physically, mentally, Professionaly on suspicion of cheating her. Which was a baseless thought,accusations , which was later found baseless by herself only and regretted her actions, behaviour she did in these times but as I was gone through enough (it's a repeated instances) and in no mood to patch with her after 3rd time. So I refused n declined her approach to patch. So we finally agreed for MUTUAL. But nice of as we are approaching, she is saying she will not sign final papers. What can I do now? Can I file ones sided seeking divorce citing all those harassments I have gone through.? I have changed multiple house in the locality because of all these fights.
It is best to wait for the final date and then take a decision. Please ask your advocate to counsel you beforehand on how to conduct yourself on the final date. The matter will be referred to the Mediation Center for settlement and thereafter the settlement will be sent to court for final approval. Hence I would advise you to be patient and compete the settlement as a contested divorce i.e. filing against your wife can be expensive and time consuming. Since you already have filed a case, it's best to complete it first.
Helpful?
14+
14+
Yes if your wife is now not agreeing for divorce you can file divorce petition under the ground if cruelty ... You can also state in the petition that your wife agreed for mutual divorce and she stepped back ... File for divorce as soon. As possible before she files some case against you...
Helpful?
19+
19+
Adv. Suma N
Adv. Suma N
Bangalore / Bengaluru | 25+ Answers
Chat
The very fact that she's non cooperative and not signing the papers but doesn't wanna a caring family itself amounts to cruelty to husband AND HE CAN SEEK DIVORCE not necessarily U/S 13 B as mutual consent
Kanavi
Helpful?
19+
19+
Adv. Rajashekhar Kanavi
Adv. Rajashekhar Kanavi
Bangalore / Bengaluru | 25+ Answers
Chat
You can file a contesting divorce petition if you wish to file against your wife. If your wife declines to sign the final papers then the court will dismiss the mutual divorce petition. Thereafter you can file the contesting petition against your wife. But if you have child then i suggest you to take a wise decision. Contact an advocate in this regard.
Helpful?
17+
17+
Adv. Jagadish N
Adv. Jagadish N
Bangalore / Bengaluru | 5+ Answers
Chat
Sir,
Here if she not ready to sign the papers and you are intended to take divorce, then withdraw the mutual consent petition and file a fresh case against her by explaining the mental and physical cruelty faced by you.
As you mentioned here, you can explain each and every that you mentioned in your question. It amounts to mental harassment. On that basis you can file.
Helpful?
16+
16+
Adv. M Lakshmikanth Arya
Adv. M Lakshmikanth Arya
Bangalore / Bengaluru | 700+ Answers
Chat
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.
Connect with top
Divorce lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
