What Is The Safest Procedure If Wife Said She Want Mutual Divorce

761 votes

From the facts stated, if the summons sent by post has been returned with the endorsement “Refused”, the Court may treat such service as valid service. If your wife appears and does not file her Written Statement within the time granted by the Court, you may request the Court to proceed further in accordance with law and close her opportunity if warranted by the circumstances. The previous dismissal of her maintenance/DV proceedings for non-prosecution, the ex-parte decree for Restitution of Conjugal Rights, and her failure to resume cohabitation despite the decree may be relevant facts in support of your divorce petition under the grounds pleaded by you. If both parties are now willing to dissolve the marriage amicably, the pending contested divorce can be converted into a Mutual Consent Divorce by filing a joint petition and mutually settling all issues, including maintenance/alimony, child custody (if any), and other claims. A mutual consent divorce can proceed even if the wife agrees not to claim alimony, provided such consent is voluntary and properly recorded before the Court. Kindly follow the advice of your counsel based on the specific facts and proceedings pending before the Family Court.

Advocate Sanket Ganpat Khamkar LawRato

837 votes

Refusal of summons is deemed valid service. If she appears but files no written statement, seek closure/ex parte proceedings. If both agree, file a joint mutual consent divorce petition with agreed terms, even without alimony.

Advocate Pankaj Bajaj LawRato

975 votes

you already filed divorce petition if she is ready for divorce while mditation proceeding both parties agree for divorce than court can pass order... Otherwise you can withdraw above said petition and after both parties can file mutual consent divorce petition before court... court can pass the order as per term and conditions of both parties...

Advocate Rajesh Ramprasad Jaiswal LawRato

693 votes

You may apply before the family court to summon relevant medical records or the concerned doctor as a witness. The court can order production of records if they are necessary for deciding the case as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

980 votes

if by your luck your wife agrees for mutual divorce immediately convert your contesting divorce into mutual divorce if she doesn't appear in court then as per restitution of conjugal rights case court will give ex party judgement but till मेंटेनन्स case can be filled by your wife in mutual divorce that right will vanished so if you can contact he's contact and convert divorce potion in to mutual divorce

Advocate Irfan S Patel LawRato