What happens when Divorce petition is rejected?

panda2014 · Aug 22, 2014

Dear IL
What happens in this scenario?

The husband has filed divorce petition on wife and all the allegations are egoistic and baseless... The mediation talks have failed since the husband denied to pay any alimony to the wife and moreover the wife is not interested in divorce. She strongly believes in the institution of marriage and is ready to work on it. The wife believes that he has sent the petition because they have had ego clashes .

Now the matter lies with the court. What happens if the judge rejects the petition?
If so ,Can she stay with her husband since she does not want divorce????

Heard about such experience..?? please share.

INAL · Aug 22, 2014

Dear
If u r talking about indian laws i ll be able to help u alot on the point coz thatsmy area of specialization. next i need to know ur religion coz in indian law matrimonial laws are governed by the personal law of the parties. if u r a hindu the matter will be governed by hindu laws.do let me know.. take care..

panda2014 · Aug 22, 2014

Thank u INAL for your reply . Both are hindu resident of India.

Shina · Aug 23, 2014

If the husband is not interested at all in saving the marriage than wife cannot save it by herself. So no point wasting her time on this. She needs to accept it ( i know this may be very hard thing to do ) and move on. That will be the best solution for her. May sound harsh right now but in the long run this will be the best thing for her.

I have read ur earlier threads too and if this is the same case, all the more advisable to leave the husband.

Sorry dont know the legal part.

panda2014 · Aug 23, 2014

No this is another friend of mine..... no abuse....just ego issues....

panda2014 · Aug 23, 2014

Googled about the same but no much help . When my friend asked about this to the lawyer he was super busy and was not giving a reply...just assuring " we will see...we have plenty of time " but she is not having a peace of mind.... i mean she is very very much concerned and depressed about her future....
Like when the case will get solved?
what happens if the petition is rejected? Will she have to file RCR to stay with him or can she stay separately? I am asking this since there may many out there who have friends who have gone through similar issues.......sometimes all we need are some experiences to have soothing feeling that we are not alone to face such situations.

Like some one posted yesterday about depression...its easy to say move on ...think positive.....but whats most needed is compassion.

panda2014 · Aug 23, 2014

Expecting some replies.....pleaseconsole1

panda2014 · Aug 23, 2014

Checking often to get some replies...but in vain:thumbsdown

INAL · Aug 23, 2014

dear
hindu marriage act has certain specified grounds of divorce. as u say there is no major issue between them so it wouldnt be easy for the H to prove and substatiate divorce. moreover the matter will take a long time to get decided. restitution can be filed even while a divorce petition is pending. ask ur friend what she actually wants... to continue with the marriage or simply want an alimony.. if she actually wants to stay with the husband an application under domestic violence act. an application for interim relief may be heard and disposed off the same day or within some days...

panda2014 · Aug 24, 2014

INAL said: ↑

dear
hindu marriage act has certain specified grounds of divorce. as u say there is no major issue between them so it wouldnt be easy for the H to prove and substatiate divorce. moreover the matter will take a long time to get decided. restitution can be filed even while a divorce petition is pending. ask ur friend what she actually wants... to continue with the marriage or simply want an alimony.. if she actually wants to stay with the husband an application under domestic violence act. an application for interim relief may be heard and disposed off the same day or within some days...
Click to expand...

She prefers to stay with him . But since she cannot trust him much with the finance part...need her valuables back and then she is ready to move in with him.....is it possible? usually how long such cases take?