if your wife dosent want divorce and has with drawn her consent your divorce by mutual consent petition would be dismissed . you will have to file fresh petition for divorce after dismissal of your petition .
My wife applied for mutual divorce, now she playing
Hi, my wife playing with me since last 4 years. From last 1 year, she lives separately. we have a single daughter, who lives with me. I tried a lot to get my wife back, she always refused. Now this is year January, she agreed for mutual divorce and we both apply for this. After this she now complain in "Mahila commission" that, I signed the mutual divorce form forcefully. I am getting mentally harassment. I am going to suicide along with my daughter. becoz there is no law for husbands... Kindly help me
Asked 10 years ago in Family Law
Religion: Hindu
17 Answers
Already 2 dates gone. My lawyer said, if she will not come on 3rd date, then divorce will be final (one sided) on basis of agreement paper, on which my wife signed. I can't understand why she arises a case in Mahila commission? Why she not being agree to come court?
Asked 10 years ago
Thanks Ajay Babu, you are giving your important time for helping me. You really doing good job for us. I salute you. What can a husband do? What laws are there for us? Do you have any good lawyer friend in Bhubaneswar?
Asked 10 years ago
no your lawyer is wrong . in divorce by mutual consent in second motion wife presence is mandatory . if she does not attend court wont grant you divorce by mutual consent .
unfortunately laws favour women only . husband has to be patient and try not to antagonise his wife . acede to her reasonable demands .
i dont have any lawyer friend in bhubaneshwar
Thanks Sir for your answer. as your suggestion , I have to file a fresh petition for divorce. Truly speaking, my wife has affairs with another guy. That's why she playing game with me. I can't understand, what to do? To start a case is very expensive as my thought.
Asked 10 years ago
Sir, If you feel your wife is having affair with another guy, then file the contested divorce petition if she is playing with you by stating in the mahila commission that you forced her to sign on the mutual agreement. further, she is not appearing in the court, the court will not grant the mutual consent divorce because as per the Hindu Marriage Act, both- husband and wife needs to be present physically in the court for the success of the second motion of the divorce otherwise the petition goes.
Further, you may file a complaint with the local police station as per your knowledge of the extra marital affair of your wife. Let the police investigate and bring evidence enabling you to file a divorce petition on grounds of cruelty, adultery, dessertion and irretrievable breakdown of marriage. This LAW favours husbands as well so please use it.
I already contacted Police station before 6 months, Police contacted her family to arrange a meeting for solution, very bad thing happens, my wife and her family member never come to police station. Always made fake commitments, that they will come on nov,24, then dec 16...etc...but never came. Finally Police suggest me to file divorce case..
Asked 10 years ago
if they are not coming to the police station and the ground police is not taking proper action in your case then please file a complaint to the supritendent of the police of your area who then will direct the ground police to follow up the matter.
okay I will follow this suggestion. Thanks
Asked 10 years ago
if still your problem is not sorted out you may get order from court to file FIR. PLZ CALL FOR BRIEF
do not worry so much ,fight it with your lawyer .
Rajeev Sir, here fight means total loss. I am normal man, My income is too low. Good Lawyer fee is very high. After divorce I have to pay maintenance charges to my wife ( according to Law ). I am fearing and crying
Asked 10 years ago
has the women commission issued any notice to you. if not then why should you worry. whether the mutual consent petition is forced or not can be determined by the family court when the stage for evidence arises. don't worry. pursue the case. inform the womens' commission of the pendency of matter in family court. she cant re-sile from her statement made on affidavit before the court of law.
you have to file for divorce on grounds of adultery . prove that she was having an extra marital affair .
it is well settled law that if wife was involved in adulterous relation ship she wont get any maintenance
as advised ,do not worry,you will get a good lawyer
Thanks all. surely I will fight. I am explaining. It's an arrange marriage, when we are on age of 24 and 18. In 2007 April we got marry. After marriage me and my wife settle in another city for 1.5 year. Suddenly my father was in ill, He admitted in Hospital for operation. I am single son. I have 1 sister, who was lives in Assam. So there was no one to help my father and mother. So my mother forced me to come back. I came back to my city bhubaneswar. My wife feel very unhappy, bcoz she lost all the freedoms. then disturbance occurs in between us. With her suggestion I continue her Education (Graduation). Also joined her to a computer academy. Now she was going out for education, I also bought a New vehicle. After 6 month my daughter born(September 2010). Then after 4 months She asked me to join in some jobs. Again for her happiness I joined her as a teacher near her own house. It was difficult for her to maintain job and home. So lots of disturbances occurs in between us. Then she told us to take Banking coaching. Finally she told to stay in her father's house to access all the training and school service. With some small disturbances she started to lives in her father's home. Finally staying there from January 2013. As she had no time to serve my daughter, She handover my daughter to us. In this 1 year, we tried a lot to came her back. Finally we send Lawyer noticed. But she did not came back. In a emotional mood, I talk to her, please come back. Then She shared her complete story, that she is in a affair, since 4 year, when she was in Computer class. So, it' difficult to came back. She requested me to remarry again. Then we deicide for divorce. We both go to court and apply for mutual divorce. She denied to take any alumni in front of lawyer. After that all of our family members knew everything. Now my wife's mother stooped her to contacting me. then raised a case in Mahila commissioner that I forcefully signed the divorced letter and agreement paper.
Asked 10 years ago
well we have already advised you at length . if your wife wants to with draw consent before second motion she can do so .
Why don't you go for filing divorce case on contest? You have opted a wrong course of action in filing mutual divorce case.
Problem is Alumni. I don't have sufficient money to live, how can I manage these situation? My wife registered case in Mahila commissioner that I forcefully signed the mutual divorce.
Asked 10 years ago
you can refuse to bow down to her black mail tactics . we have already advised you to file for divorce afresh if your divorce petition by mutual consent gets dismissed . file on grounds of adultery prove that she was having affair with another man . you wont have to pay her maintenance .
I have only one mobile recording file, which was done at the time of mutual divorce. My wife share with me about her boyfriend. (What he do, where he belongs to, his business, his true love). There is 15 min conversion with me and my advocate. The recording can proof that, we did not forced for divorce. She file divorce due to her boyfriend's relationship.
Asked 10 years ago
well if your wife wants to be with her boy friend she would need the divorce. she would ultimately arrive at an settlement with you .
She need money. There's why she file case in Mahila Commissioner. Will the Recording will work? On basis of the recording can I win?
Asked 10 years ago
as mentioned earlier your wife can at any stage before the second motion with draw her consent for mutual consent divorce . the petition would be dismissed .
you can file fresh petition for divorce on grounds of adultery and can rely upon recorded conversation wherein your wife admits to have an extra marital affair
How can I divert case from Mahila commissioner to Court? Because Mahila commissioner did not supporting me..
Asked 10 years ago
1) your duty is to draw attention of mahila commission to pendency of case in family court for mutual consent divorce .
2) enclose copy of petition filed by both the parties . the affidavit filed by your wife in family court .
3) the issue as to whether your wife was forced to sign petition or not would be decided by family court .
4) filing in mahila commission is dilatory tactics of your wife only .
5) dont panic . have patience . mahila commission will not take any action in pending court case before family court
Thanks Ajay babu. I will do these steps. The way of behaviour of Mahila commissioner was very bad.
Asked 10 years ago
thanks for your appreciation