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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     04 June 2016

Divorce related

Both the parties agreed and applied for divorce u/s 13 b now the husband is saying that he will withdraw the consent and will not come to court after six months to obtain mutula consent divorce

please suggest the remedy.



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 5 Replies

adv.bharat @ PUNE (Lawyer)     04 June 2016

Sir solve the matter amicably since opposite party is withdrawing u may compromise on it & take ur own decison which  u think correct.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     04 June 2016

1) Either spouse can recede from MCD which cant be forced.

 

2) U hv to file again contested divorce.

 

3) Try to discuss and convince the other to settle amicably.

saravanan s (legal advisor)     04 June 2016

If he doesn't appear for the first motion or second motion then mcd would be dismissed. then you must file a petition for contested divorce on some ground

Ratnesh Vidyarthi (Engineer)     04 June 2016

Sir/ Madam, My friend Ravi is facing Police Case( "498A  & 3/4" ) since 8 Years and other two cases in Bhopal. He had filed divorce case (on " 13 a "etc) in 2013 in Bhopal.  Because, his wife isworking in Pune she got transferred the case in Pune by SC.  I have few queries as follows.

1.     First Question: - In Divorce Case, Petitioner side all cross examination is completed.  Now Respondent as 1st person Cross is yet to start. In this stage Petitioner is sowing few new evidence like Greeting Card, Photos.... etc. related to happy moments. Respondent is objecting the Pray & They said that this is not a stage to put any evidence because Petioner Cross is completed. He cannot ask question to Petitioner. So pay for new evidence should reject.

Kindly Suggest on what ground of Law Petioner can submit the Evidence.

  1. My second question is : - Respondent has written in the Court that allow the matter on secondary evidence, because they have filed all Original in Court of Bhopal in case of 498 A. Is this is correct request. Because in Trail court (SDJM court) these papers had not examined, So, we like to oppose the matter.

Kindly suggest is the correct to say that Secondary Evidence (ie certified copy) will not be acceptable.

  1. My Third Question is :- In  FIR case of  498 A,  Investigating Officer Cross Examination is completed in Trail court.  We are trying to get certified copy of Case Dairy of Investigating Officer (Police Sub Inspector) OR at least Victim Girl Statement but Layer is telling it is not legal to get Certified Copy or any document submitted by Investigating Officer.

 Kindly Suggest on the ground we may get the copy?

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     05 June 2016

1) The case of the Respondent has to be closed first since it is in the middle.

 

2) The petitioner can pray to re-open and introduce new documents/ witnesses with the permission of the court, if satisfied will certainly allow.

 

3) No.  Since the originals are in other court, the certified copies can be accepted.  In the alternative there the case can be dismissed as not pressed and the originals can be filed here depending upon its importance.

 

4) After trial is complete, why r u now asking?  If the court is satisfied that the requisitioned documents are not privileged in nature and do not jeopardize the victim girl, then only the court may permit otherwise not.


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