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Balaji (Self)     07 August 2014

Divorce-13 1 ia & ib- urgent pls

Hi All, After compromising, wife filed divorce under 13 1 ia & ib and 7 hearings completed and later husband came to know that he didn’t accept and consulted lawyer filed counter denying allegations and accepting the divorce and mentioned terms and conditions in counter petition ,requested court review the terms and conditions.

1)We mentioned the terms and conditions in Divorce counter petition and Is judge will grant divorce including terms and conditions in Final divorce decree?Please advise.

2)If judge granting divorce to both, in case what ever we mentioned terms and conditions, if not come in Divorce Final decree, Is it possible to husband to contest the case again? Please advise.

3)Is there any time limit to open the Divorce case again to husband ( if both are accepted for Divorce) in future?Please advise.

Thanks for quick response.



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 4 Replies

Tajobsindia (Senior Partner )     08 August 2014

1. Compromise from what? Was a compromise entered by parties in Counseling or simply face-to-face ? If during the counseling then same is entered into Sheet and Counselor sends it with his report to ld. Court and in concerned Court either the petition is withdrawn or converted as per provisions of CPC into that of Mutual Consent Divorce. No sane respondent to a divorce proceedings gives terms and conditions as reply - w/s for ld. Court to accept or give a Order on the same.

2. Divorce is granted on available grounds and not mere ‘accepting’ by other party! Had it been so many parties would have mentioned their ‘acceptance’ of divorce as soon as aggrieved party files one and just walked away in next hearing with Divorce Decree Sheet in hand!

3. Terms and Conditions are mentioned in a MoU format for seeking Mutual Consent Divorce and not in a ‘contested’ divorce under S. 13 1 (ia) (ib) HMA! Ld. Judge is not duty bound to accept the same in a contested divorce.

4. Terms and Conditions of Mutual Consent Divorce are mentioned in final Judgment followed by Decree in a Mutual Consent Divorce. What remains left to contest then?

5. You are not clear as to what is happening in Court when wife filed a divorce petition it seems. First sit with your Advocate and ask him then narrate para wise in legal sense to me to understand your query better as to me it seems a case of mixed up understanding the moment your side filed a ‘counter with terms and conditions accepting divorce’ in a contested divorce proceedings.



[Last reply]

Balaji (Self)     08 August 2014

Hi Sir, This compromise made by elders only just mentioned on bond paper after withdrawing all her cases amount will give to my wife and same , wife didn't sigh on that her father only signed on that. Because of that now, I mentioned terms and conditions in Divorce counter petition and same requested court for review and grant divorce. 498 A pending in Lok adalat for compromise.

1)If judge granting divorce to both, in case whatever we mentioned terms and conditions, if not come in Divorce Final decree, Is it possible to husband to contest the case again? Please advise.

 2) Is there any time limit to open the Divorce case again to husband? Please advise.

3) All Terms and conditions should come on Final Divorce Decree, Then only I will satisfy otherwise not .Please advise which is the best option now to me?

 Thanks for quick response.

Balaji (Self)     09 August 2014

Hi All,Please advise on above query..Thanks for ur time....

bhavya khanna (self)     18 August 2014

Balaji ;

 

Mutual Consent Divorce : under 13 1 ia & ib requires

Compromise deed ,Mou 

If there is no consent ;purpose of 13 1A and 13 1B is defeated.

If you don't agree whats mentioned in deed ,than object it.

 otherwise it would be breach of trust .


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