Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Akhil (Software ENgineer)     23 January 2009

Can a person backout after signing the mutual divorce petition?

Respected Lawyers and Friends, My husband and I have been living separate for more than year now(13 months). My lawyer has sent the first notice on harassment basis. My husband's family has come up with a plan like, if I transfer the property to his name, they would sign the mutual divorce petition. My question is, Can some one back out after signing the divorce petition? In which case I would have lost the trump card(property) to get the divorce in the future as well. What should I do in such case? If i ask my husband himself to file the divorce petition is it gonna help? Is there any clause on these lines: The person who files the petition cannot back out. Transferring property cannot wait for divorce to happen as the EMI's of the property are not been take care of since last 10 months. Bank people would let the property to go to auction. So transferring the property should happen before March. With lieu of all these things, can you please suggest me on way ahead?


Learning

 8 Replies

Kuljit Pal Singh (Legal Professional)     24 January 2009

Dear Friend

The divorce by mutual consent also takes place before the Court and it may also take few months. So there is no question of backout so far as fraud and coersion has not been made to take such order of divorce.

Regards

Akhil (Software ENgineer)     24 January 2009

 Thanks for the reply. 


My question was : Supposedly, if he signs the petition for mutual divorce, can he later say i do not wish to take divorce. All he wants is the property, so once he gets that, can he back out from the petition? 

Kuljit Pal Singh (Legal Professional)     24 January 2009

Dear Friend


Yes, definitely he can say no in between the proceedings. so u have to wait until the order is been given by the Court.


Regards

Akhil (Software ENgineer)     24 January 2009

 Thanks Kuljith for clarifying. Will it be the same case even if he files the petition for divorce and signs? ie Even the person who files the petition can back out?


I am just trying to understand all the possibilities. 


It is only to save the property from Bank taking over it, they are ready to sign the papers. What is the best suggestion under these circumstances?


 


 

Kuljit Pal Singh (Legal Professional)     24 January 2009

Dear Friend,


Yes, he can withdraw the petition at any time.


The best way i suggest is to draft a deed of settlement with divorce petition wherein u'll transfer the property to him after getting the divorce order from the court, the true copy of the same settlement deed filed should be shown to the bank guys telling them that settlement of the property is pending before the Court.


 


Regards

rajaraman anusha (advocate profession)     24 January 2009

hi friend


i agree with Mr.Kuljit pal Singh. After filied the divorce petition within 6 months he can withdraw the petition.If you are going for mutual consent you are not eligible for getting maintenance from him.


You should fix your maintenance a lumpsum amount from your husband and entered into agreement and after you can sign a mutual consent petition.If you are having child ,custody should be decide before divorce by mutual consent.


thanks and regards

Ravi Arora (Advocate)     24 January 2009

agree with kuljit


after filling divorce suit


court will fix a date after 6 month


and call both the parties on the date fixed


any of the party refuse to take divorce


This is the only reason for fixing a date after 6 month. court gives time to think ,


but MISUSE of process, you can't help it man

advocate jain (advocate)     25 January 2009

i agree wth kuljit pal singh


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