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Devraj (Analyst)     02 September 2013

Advice required

Hi all,

Need your valuable advice in my divorce matter. I have filed for Mutual Consent Divorce and I am going for final hearing soon. We have a point in our joint petition that "petioner no 1 has no allegations against the wife i.e.petioner no 2 and petioner no 2 has no allegations against her husband i.e.petioner no 1". Its also written she cannot claim maintenance from me after divorce

My question is "can my wife file any further case against me in future after we are divorced"? If yes, what step now can I do to prevent it. My final hearing is going to be within next few days. Please advice



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 8 Replies

adv.raghavan (Advocate,9444674980)     02 September 2013

u should insist the court that the same may be included in the final order of divorce, then she has little chance to go for further claim in maintenance in future, as u are afraid.

Devraj (Analyst)     02 September 2013

Hi Raghavan,

 

Thanks a lot for your valuable advice on this. As far as my petition goes the clause for maintenance is written like this "the petitioner No 2 i.e. wife will not file any petition for maintenance against petitioner no 1 i.e husband  before any competent court of law in future"

Do I still have to worry about future claim for maintenance? And can she file any other cases like 498A, DV, fraud, or any other case against me in future? Please advice

A Blank Diary of Life (MD)     02 September 2013

@Devraj,

 

Please also put one more clause that the either party will withdraw all the cases filed against the opposite party and in future, neither both the parties have any claim on each other nor they will file any cases on each-other.

 

Devraj (Analyst)     02 September 2013

Hi Raghavan,

 

Thanks a lot again for your advice. Can we add this clause before final hearing as I have my final hearing in 2 days ? Please advice


(Guest)
Originally posted by : Devraj

Hi all,

Need your valuable advice in my divorce matter. I have filed for Mutual Consent Divorce and I am going for final hearing soon. We have a point in our joint petition that "petioner no 1 has no allegations against the wife i.e.petioner no 2 and petioner no 2 has no allegations against her husband i.e.petioner no 1". Its also written she cannot claim maintenance from me after divorce

My question is "can my wife file any further case against me in future after we are divorced"? If yes, what step now can I do to prevent it. My final hearing is going to be within next few days. Please advice

Yes. She can.  But it wont stand.  Have certified copy of divorce decree with you at all times, in case your exwife goes to police station.

adv.raghavan (Advocate,9444674980)     02 September 2013

We have a point in our joint petition that "petioner no 1 has no allegations against the wife i.e.petioner no 2 and petioner no 2 has no allegations against her husband i.e.petioner no 1". 

after u have stated both of u have no allegations against each other, why should she go for the following cases mentioned by you?

NRI Legal Consulting (Consultant)     02 September 2013

She can file any further case against you in future after your divorced but the case could not stand. You have to show only certified copy of divorce decree.

     for more detail query query@nrilegalconsulting.com

Devraj (Analyst)     02 September 2013

Hi All,

There is no other cases pending against me and we both decided to mutually sign the papers though my in laws and wife threatened me to put up cases if I don't sign.

I was in a bit of tension for the clauses mentioned in the petition as I was not sure whether she can even go for other cases after divorce which happens in some cases. Hence I was a bit worried


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