Withdrawal of Consent
Knowledge Gainer
(Querist) 05 August 2011
This query is : Resolved
My divorce case is almost one year old filed by the wife on the ground of cruelty. On next date i.e. 18.08.2011 it might be converted into mutual consent and joint petition will be filed. On that date if I deny for mutual consent as it is obtained by coersion and undue influence, can I do so?
Also suppose I get filed joint petition for MCD and period of six month is waived by the court as one year has been completed to present case, on subsequent date can I withdraw consent by filing affidavit that consent has been obtained by corsion and undue influence? Can I allowed to withdraw consent on subsequent date?
Whether decree of divorce will be granted to the wife if I remain absent on subsequent date, as my presence is necessary on the date decree of divorce is granted?
Suppose period of six months is granted and in mean time I want to withdraw consent how can I withdraw consent as in Court no submission is allowed between two dates. Whatever we want to submit we have to submit on the next date.
Can I lodge police NC report against wife for corsion and undue influence? or I have to file affidavite in the court for the same?
Advocate Rajkumarlaxman
(Expert) 05 August 2011
YOu can take the matter on board and file application one and
you have to prove the undue influence she caused to you or coercion she did to you. what are the reasons that you were ready for that then this all has to be answered before the court with due deligence and correctness otherwise you would be booked for some other crime.
prabhakar singh
(Expert) 05 August 2011
Courts are not home pitch and we can not advise you to play with law the way you desire,if you are not worried of finger burn,do what ever you like.
Knowledge Gainer
(Querist) 05 August 2011
Dear Parabhakarji,
Sorry, but I am not playing with the law. When her advocate advice her to file petition containing fake & frivolous allegations than at that time that lawyer is not playing with the law???? To earn his / her bread butter he / she will book innocent person behind the bars. Indian laws are in favor of woman that means such lawyers take advantage of the same and harass innocent person? and when they are not succeed they are threatening to get done their work!!!!!!!!!!!
When such lawyer who's job is to fight for justice, are playing with the law than I am a common man who living simply his life.
M/s. Y-not legal services
(Expert) 05 August 2011
Mr. Author first clear your self that you want to get divorce or not? Because you are asking about divorce same time not ready to mutual divorce. Whats your stands?
Sankaranarayanan
(Expert) 05 August 2011
yes mr tom's version is correct, what the author need to get information. first he should need to clarify what he want to know from this great site
prabhakar singh
(Expert) 05 August 2011
dear author : Knowledge Gainer i have already put you at your liberty to go algebraically.If law is pro women,you can agitate it with legislatures lawyers or courts can not help you in this regard.
Knowledge Gainer
(Querist) 05 August 2011
Dear Experts
Thanks for Reply
My intention is to give divorce. But I will not give up against any black mailing or any demand. If she want divorce she succeed in the case by proving the allegations. Otherwise withdraw case without any demand, accept in the court that some charges are fake & and frivolous get MCD. She is going everywhere for settlement except me and those people threatening me which is not acceptable to me.
