Legal Question in Family Law in India

family divorce matter

after withdrewal of mutual divorcewithin 6 month, what will be her sufficient ground according to law for her withdrewal? Can a wife again file divorce in cruelty ground against her husband once she withdrew her mutual divorce petition? Can husband have to right to file restitution petition once withdrewal of mutual divorce petition ? Please help out i am in trouble.


Asked on 6/27/08, 1:03 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: family divorce matter

(a) she can withdraw her consent without assigning any reason;

(b) there is no bar for her in filing a divorce petition on the ground of cruelty;

(c) yes, the husband is also entitled to pursue his rememdies as per law; there is no bar in filing a petition for restitution of conjugal rights.

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Answered on 6/27/08, 10:14 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: family divorce matter

Yes you can file restitution and she can file for divorce

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Answered on 7/14/08, 5:35 am
G. M. Gupta gmguptaandassociates

Re: family divorce matter

u can do whatever u want to do but on these details i cant tell u that whether u will succeed or not.

i told u earlier that discuss it in person with an advocate as this is a serious issue

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Answered on 6/27/08, 4:48 am
Bhaskaran D Bhaskar Associates

Re: family divorce matter

Yes, she can file a divorce petition.

You will be really in trouble if you do not get yourself linked with a lawyer.

Because if a lady comes to me asking for divorce, I usually plan the many ways that I can succeed in this, I will do the ground work and so on. After the Supreme Court order the Courts hands are tied in giving divorce even in a genuine case.

In your case it all depends on how your opposite lawyer goes about. Getting divorce will not be easy after this Supreme Court verdict.

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Answered on 6/28/08, 12:37 pm


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