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wife denied divorce case filed13ia,ib asked order18 under DV


30-Apr-2023 (In Divorce Law)
wife ask for dismissal of divorce case filed under 13 ia ,ib.(with out legal notice) she filed d v asked protection order 18. she is working and living separatly not in contact. she is asking for dismiss of case and on visiting she is not intended to live together.got through mediation i told if she want to come and live with me in matrimonial home where i live. i am ready to with draw my divorce case.but she is refusing. when i went to her she kick out me out of home and often she threaten to call the police. she is not coming to live with not want to divorce. what should i do. i am ready for both.
Answers (4)

Answer #1
823 votes
please pursue the divorce case, and bring about the fact that she is refusing restitution.
Also, if she doesn't want to come back ask her why she wants to stay in your house. bring that to the notice of the court.
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Answer #2
803 votes
Dear Sir
You must use your wisdom to decide. You should not show your weakness. If you express both options you get none. Stick to one. Resist to give any alimony to her. DV case is a dummy case except Maintenance no other effective order can be passed in it. You require discussions. Please give me Rsnk 5.

Answer #3
637 votes
Hi
wrong move. you could have opt for restitution of conjugal rights before filing divorce. rather u have filed a divorce. as she was still lining with you hence she has filed a domestic violence case. stick on to ur petion and I love dj^ has filed domestic violence case against you only after she's served summons from divorce case in that case nothing to be worrried. you have a good case. any help call us. Rate us and send your feed back. Thanks
Answer #4
687 votes
Firstly, legal notice is not required to file under Section 13 (ia) (ib) of the Hindu Marriage Act, 1955. Secondly, it is a contradiction that your wife is asking for dismissal of the divorce case - I e. meaning that she does not want divorce, but she has filed a DV case and sought for protection? If she is not participating in concluding the issue at Mediation, it is best to proceed with the trial in the Divorce case. She cannot compel you to withdraw the case.

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.

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