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Baadal khurana (none)     28 April 2014

13b application filed. can any document added to it now ?

 

About a month back  petition for mutual consent divorce is filed to registrar.  Before filing for petition, legal agreement was made between both parties about terms  of divorce and maintenance/other settlements.  This agreement was not attached with petition for MCD.

1)Can this be added now ? What is time limit to add it to petition?

2) Can petition be cancelled once made?  I know  in case of MCD either party can change mind at any moment. If it to be done in 2nd month, what is process?

 

Your detailed response will be greatly appreciated.


Thanks

BK



Learning

 6 Replies

fight (personal)     28 April 2014

If agreement was done out of court and not legalised then chances of it falling is good. Call 08883498498 for free advice. Save Indian family forum will help you.

aap (manager)     28 April 2014

once the petition is filed u/s 13b and first motion passed u can not add anything in it 

why u didnt ad it at the time of filing thats the big mistake done by u or ur lawyer,

( one can add the document at the time of first hearing and seek the permission from judge to add the document,but now te 1st motion has already passed so u cannot add the doc)

withdraing the petition is big risk now it will ignitie the matter between both the parties leaing to worest consequences ,and moreover u have to start the process againg which is wasting of time

Mahesh R. Sonawane (Lawyer/Fight for justice)     28 April 2014

At the time of second motion, you have to file evidence affidavit, at that time you can file the said document..

you must have given details in the main petition in respect of settlement????

Baadal khurana (none)     30 April 2014

 

Thanks for your response. What is called second motion?  What is evidence affidavit?

 

 

Originally posted by : Mahesh R. Sonawane


At the time of second motion, you have to file evidence affidavit, at that time you can file the said document..

you must have given details in the main petition in respect of settlement????

T. Kalaiselvan, Advocate (Advocate)     30 April 2014

Since you have stated that you have already filed the MCD petition and the first motion is over, you both have to adduce your evidences in the form of affidavit during the second motion after which the court will pronounce the judgment of dissolving the marriage by a decree of divorce.  However, the so called document containing agreement between you both may be filed along with your evidence during the second motion.  Has there been a mention in the main petition about the settlement agreement between you two?

Mahesh R. Sonawane (Lawyer/Fight for justice)     30 April 2014

Thanks T. Kalaiselvan sir, well explained...


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