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Muthulakshmi   09 December 2016

Need advice

This question is regarding options my daughter has. Below is the brief about her case:

  • Living seperately for past 3+ yrs with us
  • Ex  and his family threatened and demanded for mutual consent to which she denied 3 yrs ago hoping to reconcile
  • Ex filed for Divorce under section 13 (a) 2 yrs ago
  • My daughter gave response explaining the issues and refused for giving divorce
  • Ex did not appear for Cross - Examination twice
  • Per our lawyer if Ex does not appear for one more time (totally thrice) the case will be dismissed

What options do we have if the case is dismissed, some questions in this regard:

  • Its 3 yrs now and we do not know Ex's whereabouts and there is no hope for reconcilliation now.Our lawyer states that we cannot file for divorce since in our response to Ex's divorce paper earlier we said we do not agree for it. But now the situation has changed.Can we file for divorce after the current case is dismissed?
  • When we checked the case status online it shows with Lok Adalat, what does this mean? We are not aware of this stage, please explain.

Hope to get directions and suggestions from professionals.

 



Learning

 8 Replies

Sachin (N.A)     09 December 2016

Your lawyer is wrong.

If you want divorce now you can give affidavit in present case that you deny all allegations of petitioner but accept his demand of divorce. 

Or 

Husband and wife can give joint affidavit praying the court to convert the present petition to Mutual consent divorce petition.

Kumar Doab (FIN)     09 December 2016

Probbaly referred to Lok Adalat to try to crease the differences.

Your own counsel should have updated you.

Put in efforts to find whereabouts of  husband. 

Muthulakshmi   09 December 2016

Thanks for all your responses.

With regard to 'If you want divorce now you can give affidavit in present case that you deny all allegations of petitioner but accept his demand of divorce. ':

  • Next hearing date is 3rd week of December. If I manage to give an affidavit on or before this date, how much time will it take to complete the process and what would be the steps after I file the affidavit?

With reard to 'Ask your lawyer to contact ex husbands lawyer and negotiate a compromise to get mutual divorce':

  • We already showed our interest in MCD, however can it be filed in Ex's absense? Is he required to be physically present to initiate MCD?
  • Ex's lawyer says Ex is not agreeing to terms of MCD - Streedhan and all my daughter's earning which they took (2 yrs) minus her expenses for 2 yrs excluding marriage cost is what we wanted back, which we think is very fair and legitimate.

Out of these two options which one in your opinion will give faster completion of divorce process?

 

 


(Guest)
Originally posted by : Muthulakshmi
Thanks for all your responses.

With regard to 'If you want divorce now you can give affidavit in present case that you deny all allegations of petitioner but accept his demand of divorce. ':


Next hearing date is 3rd week of December. If I manage to give an affidavit on or before this date, how much time will it take to complete the process and what would be the steps after I file the affidavit?


With reard to 'Ask your lawyer to contact ex husbands lawyer and negotiate a compromise to get mutual divorce':


We already showed our interest in MCD, however can it be filed in Ex's absense? Is he required to be physically present to initiate MCD?
Ex's lawyer says Ex is not agreeing to terms of MCD - Streedhan and all my daughter's earning which they took (2 yrs) minus her expenses for 2 yrs excluding marriage cost is what we wanted back, which we think is very fair and legitimate.


Out of these two options which one in your opinion will give faster completion of divorce process?

 

 

 

Divorce not yet granted, and You are already calling your SIL ex?  For any marriage to settle down it takes atleast 3-5 years is it not?  Why are you guys so very inclined towards divorce?  Its not just about getting divorce, once divorced, new battle of finding new partners for both will arise, which is another big task.  Fingers burnt, will they be able to trust a new person with all the heart?

 

Well if you all have decided to go for it.

 

The MCD can be filed by way of POA from the boys side.  What you can do is,

Take back your reply to the statement, and agree to the divorce, asking court to grant divorce.

Or

Ask the boy to take back his petition of divorce and file together a fresh petition under 13b of HMA 1955.

 

Divorce will be granted only upon appearance and signing on paper on second motion.  Time gap between two motions is 6 months.  If the other withdraws the consent after 6 months, court will give further time to parties to come to terms for MCD, upto 18 months.  Beyond which MCD petition will be dismissed and parties are free to file contested divorce petition.

 

In either case, forget the money and articles, if you run behind them, your daughter will lose some more years just sitting at home, already she must have sat at home for 3-4 years, some more years at home, lesser the takers for re-marriage.  Bigger the burden for everybody at home she will become.

 

Do the above.  Remember, time and tide wait for none.  All the best.

Sachin (N.A)     10 December 2016

Originally posted by : Muthulakshmi
Thanks for all your responses.

With regard to 'If you want divorce now you can give affidavit in present case that you deny all allegations of petitioner but accept his demand of divorce. ':


Next hearing date is 3rd week of December. If I manage to give an affidavit on or before this date, how much time will it take to complete the process and what would be the steps after I file the affidavit?


With reard to 'Ask your lawyer to contact ex husbands lawyer and negotiate a compromise to get mutual divorce':


We already showed our interest in MCD, however can it be filed in Ex's absense? Is he required to be physically present to initiate MCD?
Ex's lawyer says Ex is not agreeing to terms of MCD - Streedhan and all my daughter's earning which they took (2 yrs) minus her expenses for 2 yrs excluding marriage cost is what we wanted back, which we think is very fair and legitimate.


Out of these two options which one in your opinion will give faster completion of divorce process?

 

 

 

Faster obtion is giving affidavit in present case. Delaying the case will mostly favour men.

 

G.L.N. Prasad (Retired employee.)     10 December 2016

Before all this vain attempts, meet your counsel, have a detailed discussion, attend to the Court and lokadalat for counselling and arrive only after due process.

Kumar Doab (FIN)     10 December 2016

The life and future of your own daughter is involved.

Discuss with your own lawyer and obtain second opinion if required, attend to court and decide.

Apply your own judgment.

Kumar Doab (FIN)     11 December 2016

Get guided by real life experiences in such matters.

Litigation can be protracted and stressful.

 

Apply your own judgment.


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