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Wife has filed many court cases concerning the matrimonial dispute

Shivendra Pratap Singh

Advocate

23/12/2019

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My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance. The court has granted the visitation right, but my wife flouted it. Therefore, I filed a contempt of court proceeding against her.

After that my wife approached the high court under section 482 of the CrPC for quashing of the criminal proceeding. She has filed an application under the Domestic Violence Act, and the case is still pending. What should I do to expeditious disposal of all places?

There are so many litigations filed by both parties, so compromise is the better option to settle all disputes. You both have filed counter litigations to win over each other. In this condition, the litigation will run together, and you will never reach a definite conclusion. Currently, it would be better for you both to compromise your matters and get rid of court proceedings.

When the husband files restitution of conjugal right case, he should come forward to settle the matter. Generally, the wife is a victim in matrimonial cases and the court also having a lenient approach towards her. The court always prefers to settle the dispute by compromise. Therefore, you should take steps to resolve the dispute amicably.

File an application of mediation in the quashing petition

Your wife has approached the high court under section 482 CrPC for quashing of the criminal proceedings. In this proceeding, you should move an application to the court for sending the matter for the mediation. When the court finds that there are some elements to settle the case in mediation, then the court will allow your application. 

When your wife becomes ready for the compromise and gives her consent in the mediation, then matter will come to an end. Free consent of both parties is necessary for the success of mediation. The mediator will hold several sittings and extend its help to settle your issues. So you both should try to make the arbitration successful. 

The report of mediation has significance because the court will pass an order upon the report of arbitration. You cannot file any appeal against that order. Hence, you can get rid of the court proceedings through the mediation.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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