Legal Question in Family Law in India

Family Matter divorce

husband filed restitution of conjugal right and withdrew once mutual consent divorce being filed joinly.Can she withdraw the petition ? if so on what ground and can a husband filed re restitution of conjugal right after being withdrew her consent petition again ? if intension of the girl is not good as she want money and harrassment to her husband what exactly be your good suggestion in this regard and how to proceed. Will it be wise to withdrew the restitution of conjugal right? Help out.


Asked on 6/26/08, 6:05 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Family Matter divorce

Yes, she can withdraw her consent before or at the time of appearing in the court on the next date of hearing.

Yes, the husband is entitled to institute a petition, which he had withdrawn earlier for filing mutual consent divorce petition, again for the same grounds.

There is no basis to presume that her intentions are not good or that she wants money or that she is harrassing the husband;

My suggestion is that you should make adequate arrangements for her permanent alimony and try to reason with her and her family for a mutual consent divorce by settling all the matters amicably; it is better to accept her terms at this stage than to continue prolonging the issue.

She is entitled to alimony and demand of money by her is not harassment of husband; she is simply wanting what she is entitled in law; the husband should change his mind set, recognise her rights, and settle the issue amicably.

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Answered on 6/26/08, 6:54 am

Re: Family Matter divorce

It all depends on you. If you want to end the relationship quickly, then pay her something and go for mutual consent.

Otherwise again file for restitution of conjugal rights. Lets see what her response will be. By filing for restitution of conjugal rights, you can negotiate on payment and then go for mutual consent divorce.

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Answered on 6/26/08, 10:22 am
G. M. Gupta gmguptaandassociates

Re: Family Matter divorce

u should discuss it in personal visit .. i willseriously advice you to take personal consultations on this issue.

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Answered on 6/26/08, 10:50 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Family Matter divorce

depends on you

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Answered on 6/26/08, 11:03 am


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