Legal Question in Family Law in India

CAN YOU HELP ME?

I am in the boy's family. In a mutually consented divorce case under Section 28 of Special Marriage Act,1954 the first motion has been filed(Wife is Petitioner No-1).Now if the wife(PETITIONER NO 1 AND WHO HAS INITIATED THE CASE) withdraws the case(AS IT SEEMS TO US,although the intention seems to be an eyewash,malafide and not bonafide) in between the cooling off period or on the date of second motion (WHICH IS A FARCE,the lady planning more incidents in future and put the husband's family in trouble)whether the boy can STILL ask for divorce from the court. The consent for obtaining divorce decree by mutual consent was free and without any force.NO ONE HAS FORCED THE WIFE TO LEAVE THE FAMILY(left on her own) AND THIS HAS BEEN

CLEARLY MENTIONED IN THE JOINT PETITION FOR DIVORCE.The girl also Wiped out the Vermilion mark, Returned Engagement ring and Sacred Ring AND IT IS SHE WHO HAS INITIATED THE CASE .

OUR OWN LAWYER IS ONLY SAYING WITHDRAWAL MEANS DISMISSAL OF THE CASE.NORMALLY if one of the candidates withdraws his/her consent the case is automatically dismissed.But we want divorce.

CAN THE BOY PUT BEFORE THE JUDGE ON THE 2ND MOTION DATE OUR POINTS.WILL HE BE ALLOWED BY THE JUDGE?.How can he place his points in writing?

1) The mischievous and unilateral withdrawal of consent by wife at a belated stage, more so when she has never made any effort to reconcile in the past 1 year cannot be said to be a genuine act.

2) In such cases in the present day society, the 'consent' is mischievously withdrawn by the estranged wife from the forlorn husband. An application to formally withdraw the petition under Section 28 unilaterally without real intent to join back & restore the matrimonial home can be used as a tool for harassment of the husband and his family in more trouble, knowing well that at that stage pushing him to the channel of regular divorce petition would allow him any opportunity to settle for a peaceful life

3) What has been stated by the wife in this case is not genuine. She has no intention to live together and she never made any effort to reconcile. Her statements are nothing but simply tissues of lies and simply an afterthought.

4) The consent is sought to be withdrawn on some frivolous grounds or just to open a front to create trouble in future, therefore the withdrawal of such consent has to be examined in the background of the reasons given for such withdrawal and the courts can still pass a decree of divorce even if the wife has moved an application to annul the divorce petition filed jointly with her husband.

5) Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully

6). A marriage which is dead for all purposes cannot be revived by the court�s verdict, if the parties are not willing. This is because marriage involves human sentiments and emotions and if they are dried-up there is hardly any chance of their springing back to life on account of artificial reunion created by the court�s decree

7)Will the law in such cases serve the sanctity of marriage; on the contrary, it will only show scant regard for the feelings and emotions of the parties.

8)) Petitioner no 1 dragged the petitioner no-2 to the court and the inevitable happened .This was really uncalled for, as no question of harassment of the girl occurred from the boy�s side.

9) Instead of consideration of matrimonial life of the parties, only acute mental pain, agony and suffering will be there and it would be hardly possible for the parties to live together peacefully.

10) There is no guarantee that she will not harass her husband after coming back. There is every chance that the wife will treat the husband and manifest such feelings towards him as to cause in his mind reasonable apprehension that it will be harmful or injurious to live with her

11)Reunification is not possible now. Husband is not willing to take her back. Even if the court refuses decree of divorce to the husband, there are hardly any chances of the wife leading a happy life with the husband because a lot of bitterness has been created by the conduct of the wife

In extreme case if the COURT FORCES FOR REUNIFICATION,what should be our course of action.We have not SUFFICIENT POINTS FOR FILING A CONTESTED DIVORCE CASE case on accepted grounds.

Whether we are in a position to TELL THE COURT to facilitate making a joint Agreement /Affidavit of both the petitioners in the court of law that no further trouble will be created by either

OTHERWISE

The court may kindly hold that the consent of the wife to not to live together was continuing and should grant decree of divorce to the husband.

Please help with some suggestions.

Can the boy ask for judicial separation,how it will safeguard him

With thanks

2 Answers from Attorneys

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