Mutual Consent Divorce Help Needed!!!
Querist :
Anonymous
(Querist) 31 August 2010
This query is : Resolved
Dear All Experts,
I am going through mutual consent divorce (actually forceful divorce with help of fake 498a) through my wife’s advocate. We have filed our case 2 months ago at district sessions court. Also as per my advocate’s words we (both parties) have paid total fees of Rs.21000 as advocate fees.
Now after 2 months also advocate is not providing me any details of my case processing, hence I visited court for case status, then I came to know that my hearing date is in Jan 2011 (where I will get final decree of divorce). I have enquired about first hearing in court, counseling process, cooling period, etc, but didn’t get any proper info.
In my petition, advocate has mentioned almost 99% fake reasons of divorce & my fake residential address. Also all incidents cited in petition are imaginary. I had to shut my mouth due to 498a demon.
We have completed 1 year as staying separate & completed 1.5yrs for marriage.
We have not exchanged any cash to each other as alimony or maintenance or stree-dhan, which is mentioned in petition. I need full & final divorce from my wife which can not be revoked by her in any circumstance.
1) Now my concern is, is above mutual divorce process legal (or as per law), as we skipped few steps (might be power of money we paid to advocate)?
2) If not then, After passing final decree of divorce, Can any of petitioner cancel above said divorce on basis of wrong method of handling of divorce?
3) After passing final decree of divorce, Can my wife file 498a against me (even if I don’t contact her by any media)?
4) Also my wife had filed 2 fake NC cases against me last year, are those cases dropped automatically as we have filed mutual divorce case in court? (this was told me by her advocate)
Requesting you all experts & counselors to guide, help me here. Awaiting your reply.
Guest
(Expert) 31 August 2010
KINDLY NOTE THAT MUTUAL CONCENT DIVORCE APPLICATION IS FILED WITH THE CONCENT OF BOTH THE HUSBAND AND WIFE.COURT WILL PASS THE FINAL ORDER IN THE MATTER ON GIVEN DATE.THIS IS CIVIL COURT MATTER.
AS FAR AS OTHER CRIMINAL COMPLAINTS FILED BY WIFE ARE CONCERNED THOSE WILL NOT BE WIDRAWAN AUTOMATICALY.PLEASE NOTE.
THESE ARE CRIMINAL COURT MATTERS.EACH CRIMINAL CASE WILL PROCEED AS PER CRIMINAL PROCEDURE CODE.
IT IS ADVISIBLE THAT HUSBAND SHOULD INSIST THE FACT THAT WIFE SHOULD WIDRAW OR HELP IN SIDRAWING CRIMINAL COMPLAINTS BEFORE DIVORCE FINAL ORDER IS PASSED.OR ELSE ONCE DIVORCE IS PASSED THE WIFE MAY NOT TURN TO COURT AGAIN FOR WIDRAWING THE CRIMINAL CASES.PLEASE NOTE .IT IS A FACT IN SEVERAL CASES.
SO BE CAREFUL AND SERIOUS ABOUT YOUR CASES.
GOOD LUCK.
