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Balaji (Self)     22 October 2014

Divorce

Hi Sir, My wife filed 498a on me on 03.10.2013. Later she filed divorce under sec 13 1ia,ib. I was not attending hearings and didn�t get notice from court. After compromise also she is not cooperating to with draw the case because of that am not attending in Divorce hearings. 12 divorce hearings completed but I didn�t attend one hearing also after filing divorce counter by my lawyer. My lawyer supporting to other party and also he is telling wife is not interested in MCD.I want to attend divorce hearing next month and inform to judge interested only in MCD.We have compromise .

1) I want to attend party in person in next divorce hearing. Already filed counter filed by lawyer. Is it possible to me to file again counter by me?

2) Please correct this sentence �Counter Filed Respondent -Party in Person� Is this correct? Please advise.

3) Please correct this sentence �Therefore it is prayed that the Hon�ble court may be pleased to covert the matter to Mutual Concern Divorce in the interest of Justice. Is this correct? Please advise.

4) Please correct this sentence �Therefore it is prayed that the Hon�ble court may be pleased to grant Divorce to petitioner but with out any allegations. Is this correct? Please advise. Thanks for ur time.



Learning

 3 Replies

Tajobsindia (Senior Partner )     22 October 2014

@ Author,



1. No, once written statement filed only permissible actions allowed are for amendment that also with permission of Court.

 

2. Yes, Respondent and then below it Party in Person mentioning wherever required will suffice. It is understood from facts as in your brief that you are respondent to a Divorce suit matter. 

 

3. If both parties agree and or have will to convert contested divorce cases now that into a case under MCD then application of principals of justice will be given weightage. By mere unilateral mentioning Court cannot bound down other party to opt for MCD. it is not clear what compromise happened and effect thereto so unless you spell the whole facts under which compromise terms entered by party it is useless to reply to it. 

 

4. Conceding or not conceding to allegations are rights of defendant in a civil suit matter and mere mentioning not conceding to allegations yet grant me divorce is taken as denial statement yet suit matter still proceeds in accordance with Rules.

 

4.1 For drafting help from free forums such as this forum it is always suggested to approach  petition writers (typist) who are available in Court Complex if a party is venturing suit matters as Party in Person as prompt suggestions cannot be coming every time for related drafting matters if whole facts are not correctly known to readers. More so this is a free forum and for drafting questions it should not be used is my view as more important question of law by queriest are waiting to seek remedies from repliers. These are my views and readers are free to fine-tune your drafting queries as per their (social) capacity.

 

Originally posted by : Balaji

 


Hi Sir, Is it possible to me to attend and infrom to judge am interested only MCD ? Please advise. Thanks for quick response.

 


1. "If wishes were horses, beggars would ride" the effect of your pleading would be that the parties would be sent for mediation and if mediation succeeds then you sail to golden sunrise and if it fails then you are back to square one i.e. flow with court proceedings as something’s are beyond once control other than 'convincing' wife on merits of MCD which mostly happens with 'carrot' in other hand! See how good you know her and then act accordingly.


2.
BTW, any maintenance awarded to her till date? 
 

[Last reply]

Balaji (Self)     22 October 2014

Hi Sir, Is it possible to me to attend and infrom to judge am interested only MCD ? Please advise. Thanks for quick response.

ANAMIKA VICHARE (LAWYER)     24 October 2014

I do not understand why are you so perturbed.   Your wife has only filed Divborce Petition, why are you asking mutual consent.   If her claims are not very high..Just file your written statement and then do not attend the next hearings, she will get divorce very fast

 

fFor further ommunication

anamika_vichare@rediffmail.com

Purush Hakka Saurakshan Samittee


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