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Subhrajit Roy
in Family Law
Asked June 07, 2017

Mutual divorce sought after completion of restitution of conjugal rights but without decree

  • 3 Answers

I want to get a mutual divorce. But wife demands more as I am a primary teacher. Both are separated for 1 and half years.I have already done Restitution of conjugal rights but didn't get a decree due to my lawyer's ineffectiveness. So right now what should I do .. Please help me. Thanks.

Answers 3

in case you have decided that you need a divorce you can file a divorce case in the court. there are many grounds on which a case can be filed. one can be as she is not ready to live with you and you have also tried by restitution case. once you file a divorce case your wife will be called in the court and will be asked what is exactly wants . if she wants to live with you or wants divorce. you can there keep your amount that you are ready to pay to her as alimony. the court will decide the amount as per your capacity and her demand. is this a way out to get a divorce on your end. you can contact me further for more clarification and if you want to file the case i will help you with that. Thank you.

Agree Comment 0 Agrees over 3 years ago

If you wish to get a mutual divorce then you have to arrive at a settlement or compromise with your wife so that you both agree to the same terms. The three major issues where you and your wife need to reach consensus for getting mutual divorce are:

1. alimony or maintenance issues

2. custody of the child, if any

3. property, including both movable and immovable property. 

Divorce by mutual consent is the most hassle free kind of divorce, both in terms of time and money. Hence, it is advisable that you and your wife discuss the matter further and come to a reasonable understanding or compromise as a contested divorce would adversely affect both you and your wife, mentally and financially.

Agree Comment 0 Agrees over 3 years ago

you can  change lawyer and can proceed with this restitution of conjugal rights case or you can withdraw this case and can file divorce case against your wife. You can consult me for further course of action in case you require my legal assistance.


From :

Priti Shukla

Advocate HC

M : 9920105025.


Agree Comment 0 Agrees over 3 years ago

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