Divorce consent


Dear Friends and Learned Councels,

Please reply to my query.

Already fighted for so many years with my hubby to rejoin him but it ended in vain.

even he was not yet proved any of the single allegation.

my brief story was already discussed here.

now me too came to a conclusion for giving consent to divorce half hearteredly which was asking by my hubby.

during the regular contested case how to give consent with judge for this divorce.

either to file seperate MCD petition or in this CMA case itself at any time can give oral consent?

Please help me out.

 

 
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Advocate

No need to file a seperate case. Court can convert this case only into mutual and grant divorce.

 
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FIN

Depending upon If all T&C/MoU for MCD has been firmed up amicably or not

On next date both spouses can appear and inform the presiding officer..

If both spouses agree for contested divorce and court may pass order on contested divorce. The OP may be asked to file memo submitting to the decree prayed for without allegation…(What is the opinion of your OP and lawyers on both sides that are being paid by both spouses? Even Mediators in mediation cell of HC would have already opined. The OP may not agree.)  .

If both spouses agree for MCD and request the court to convert the existing petition court and Presiding Officer can pass order if petition can be converted by the court or by higher court/HC/SC Or petition is withdrawn and fresh for MCD is to be filed.. (Both parties have been disputing the facts in current case of contented divorce. Apparently there are NO amendments files by applications with affidavits. What is the opinion of lawyers on both sides that are being paid by both spouses? Even Mediators in mediation cell of HC would have already opined. Has anyone opined that present petition can be converted?) It is as simple as that IT is your Lawyers duty to advise you properly. The lawyers are also to consider that Presiding Officer may ask for fresh petition under MCD. The lawyers are also to take into consideration that both spouses have to remain firm and not to withdraw consent till date of decree. Your lawyers can advise you on oral consent that you have thought of. The OP, Presiding Officer may not agree on oral consent ( as posted by you), at all. 

 
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FIN

 

 

Or withdraw the petition and file for MCD (IT is the recourse that lawyers must have opined)

If both have agreed for MCD and both are not PIP then their Lawyer(s) are to do the needful…

Both spouses can request the court to waive off the 6 months waiting period on merits and facts of the case(s)..

If any of the spouse backtracks after having benefitted from consent terms the court may still dissolve the marriage..

 
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Advocate

Originally posted by : latha
Dear Friends and Learned Councels,

Please reply to my query.

Already fighted for so many years with my hubby to rejoin him but it ended in vain.

even he was not yet proved any of the single allegation.

my brief story was already discussed here.

now me too came to a conclusion for giving consent to divorce half hearteredly which was asking by my hubby.

during the regular contested case how to give consent with judge for this divorce.

either to file seperate MCD petition or in this CMA case itself at any time can give oral consent?

Please help me out.

 
  1. If  he has filed contested divorce:  He should prove that he should get divorce through court - then he will get divorce.

  2. If  he has filed contested divorce: and you do not attend the case - he will get divorce some day.

  3. If  you hae filed contested divorce: and he contests it - You should prove that you should get divorce through court - then you will get divorce.

  4. If  you have filed contested divorce: and you do not attend the case - your divorce case will be dissmised some day.

  5. If  you have filed contested divorce: and he does not not attend the case - you will get divorce some day.

If you filed MCD and it has failed.  You file regular divorce. Follow steps 1 to 5.

If you filed regular divorce and it failed but you still need divorce? Then file MCD.  If again MCD fails, then follow step 1 to 5. Round and round.

 
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Thanks for the reply to All.

Now my councel is saying that court will give settlement both for wife and child.

part amt for wife and part amt in the name of child as deposit.

it is so?

i denied the same and also told that i am the responsibilty for my son future - education , health and etc.

so i can do anything with that money , why court has to do like this.

is this compulsory? or just asking the words of my hubby and councel , he is saying like this?

plz clear me. hubby dont wants me and child and keep on asking for divorce only, so that im giving consent to divorce, why he has to interfere in the usage of money.

court will order like this or hear my side too.

plz clear me as i was in so much of confusion.

 

 

 

 

 
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no replies for my query.

plz clear me and help me.

 

 
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Advocate

Originally posted by : latha
Thanks for the reply to All.

Now my councel is saying that court will give settlement both for wife and child.

part amt for wife and part amt in the name of child as deposit.

it is so?

i denied the same and also told that i am the responsibilty for my son future - education , health and etc.

so i can do anything with that money , why court has to do like this.

is this compulsory? or just asking the words of my hubby and councel , he is saying like this?

plz clear me. hubby dont wants me and child and keep on asking for divorce only, so that im giving consent to divorce, why he has to interfere in the usage of money.

court will order like this or hear my side too.

plz clear me as i was in so much of confusion.
 

There is nothing wrong in taking a deposit in the name of the child.  That money can be used by the child later on for his higher education and the interest can be used to meet his daily expenditure. He wants to secure himself so that later on you or your child do not come again to ask him for money. 

What alternatively can also be done is that you can take a lumpsum for your alimony and as far as the child is concerned keep his educational expenses payable at actuals and for his day to day expenses, fix a monthly amount with 7 to 10% increment every alternate year.  Ask your lawyer to bargain properly. 

 
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FIN

Court can pass such order..

You may maintain the record of amounts spent on child i.e. the purpose for which amount is allowed.

Handover to child on attaining adulthood.

 

After divorce also your spouse is within rights to question amounts allowed for the very purpose is spent for same purpose!

Your own counsel is to keep you in confidence and settle the matter in your interest.

 

 
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Dear All,

Please guide me for the below mentioned query.

My councel is pressurizing me to end the divorce process even im asking him to give some more time to rethink abt it.

He is saying that court will grant divorce in favour of husband as this case was pending for so many years and hubby not willing to rejoin and also both were separated for more years.

Whether court will simply grant divorce in of husband for the sole reason that he is not willing to rejoin and separation for many years?

It wont consider the fact of the case and no liability for petitioner to prove his case for the allegation filed by him.

These things are told by my councel and make to say ok for mcd.

But now my councel and other side councel are taking separately without engaging me in this matter.

  1. My advocate told that they will release part amt as DD for me and FD for son

(I request that I will do fd formalities and also asked them to give money to my account)

Advocate also accept this and ask me to come to the court.

But during case hearing he simply told that I m ready for MCD and asked to next date (with in 1 day)

 

  1. Husband side saying that will release part payment at the time of filing of MCD and after that only he will withdrawn main CMA case.
  2. So I need to safe guard my side – tell me suggestions to protectme and child future.
  3. Also advocate saying that other side is in fear that after filing of MCD if I deny for divorce case means? Is that possible after filing of MCD?
  4. Moreover he will request court for waiving of 6 months period for MCD? Is that possible.
  5. Without getting DD & FD can I do to file MCD? (even till now not taken FD OR DD)
  6. But my advocate saying that to believe him.

Please clear me.

 

 
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