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Sanctity of agreement of mc

(Querist) 20 November 2011 This query is : Resolved 
In a pending marital dispute, the parties were directed to appear before Mediation Centre (MC) and they reach a settlement agreement agreeing to grant divorce, maintenance. 1) Can the family court simply act on the settlement agreement of MC and pass orders granting divorce and maintenance as agreed by the parties? 2)Is it open to the parties to the marital dispute to request the court to pass the order of divorce 'without prejudice' to allegations levelled in the prcoeedings just because the parties agreed to do so in MC or is it mandatory for the family court to grant divorce on any one of the allegations of Sec.13(1) of H.M.Act.
Devajyoti Barman (Expert) 20 November 2011
1. No a formal petition of mutual divorce on the same terms wil have to be filed.

2.Mutual divorce can not be granted even a single allegations is not withdrawn.
So if you wish for mutual divorce all the allegations of both the parties must have to be effectively withdrawn.
Rajeev Kumar (Expert) 20 November 2011
I agree with Barman
Rajkumar (Querist) 20 November 2011
Tnx Mr.Dev. But what about the petition pending in family court under Sec.13(1). Do you mean to say that it has to be withdrawn and a fresh petition u/s13B has to be filed. In that case the parties have to wait for 6 months period. That's the issue.
Devajyoti Barman (Expert) 20 November 2011
Need not be withdrawn, the same proceeding could be turned into a proceeding u/s 13B of HMA once you file the petition.

Anyway my name is Devajyoti not Dev.
Address me properly.
Rajkumar (Querist) 20 November 2011
Sorry Mr.Barman. Any way do u suggest to withdraw the existing petition under Section 13 (1) and to file a new petition u/s 13B.
Shonee Kapoor (Expert) 20 November 2011
No reason to differ.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 20 November 2011
Dear Raj!
Why do not you wait for best Advisor on the site Mr. Dhingra G.
Devajyoti Barman (Expert) 20 November 2011
I have already made clear in my reply what to do.
You need to file in pending case, no withdrawal is necessary.
Raj Kumar Makkad (Expert) 20 November 2011
Pending petition can be withdrawn and even the same can be converted under section 13 of HM Act wherein no allegations shall exist and mutual consent decree shall be passed.
Raj Kumar Makkad (Expert) 20 November 2011
You can also follow the advice of Sr. Most Expert and Lion of Law.
Shailesh Kr. Shah (Expert) 24 November 2011
Rightly Guided by Mr.Barman and Mr.Makkad.
Sukhija (Expert) 26 November 2011
Follow advice of Mr.Barman and Mr.Makkad.


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