Divorce by mutual consent u/s 13b of hindu marriage act, 1955

varsha (Querist) 19 June 2014 This query is : Resolved
I have entered into an agreement with my husband that we will file a petition for divorce by mutual consent...and during the period of 6 months i will withdraw all the allegations against him. we have added a clause that he will deposit alimony amount with the principal judge of family court..
but my doubt is
1)If he remains absent after six months then what will happen to the petition of mutual consent.
2)Can i change the clause of settlement asking them that i will withdraw all the cases after the decree of divorce.
3)can he get back his money after remaining absent for second statement.

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Devajyoti Barman (Expert) 19 June 2014
1. It would be dismissed after one year.
2.Yes, surely
3.No he can not .

SAINATH DEVALLA (Expert) 07 March 2015
Mr.Barman is right.How can U give the clause of settlement before the divorce is granted.U will be risking UR self.Once he deposits the money in the court,he cannot get back his money if he acts against the orders of the court.

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