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SUVENDU MISHRA (PATHOLOGIST)     17 August 2013

Can the wife after signing in mutual divorce agreement

Respected Lawyer Members pls suggest me can a wife after signing in mututal divorce agreement & in affidavit near notary give fully concent in court paper format can she deniy or devit in court will be acceptable or in future she filed any case acceptable.



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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 August 2013

Yes, she can retract or withdraw her consent.

2 Like

SUVENDU MISHRA (PATHOLOGIST)     17 August 2013

Thanks a lot . Then what is right way to have mutual divorce in law.

Adv Archana Deshmukh (Practicing Advocate)     17 August 2013

File a MCD petition in the court, move the first motion before the court. The court will grant 6m time for reconciliation thereafter move the second motion jointly then, the court will grant the divorce decree.

SUVENDU MISHRA (PATHOLOGIST)     17 August 2013

after 3 concelation date she not appeared the member gave last chance & in that date she appeared & the concilation failed due to she dont want stay with his husband taking plea of epilepsy disease which is absolutely false the the case reffered to family court and the hearing date is in 22nd aug . But now she is ready  to have mutual divorce aggrement but my bro is in doubt is he not playing any other game. Only she stays for 11 days in our home after marriage .Since 2 years case is going on

NGOKC (pm)     17 August 2013

@suvendu epilepsy is not a ground for divorce

also go for MCD . MCD papers generally ppl right a clause that both side have no complaints against each other

 

if u re paying any money put a clause if she fails to come forward for second hearing she will return money immediately without prejudice

this generally ensures she sticks

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 August 2013

completely agree with Adv. Archana

Sandeep Naik (Advocate)     17 November 2013

Go for mutual consent divorce stating proper clauses/consent terms etc with the help of ur lawyer. It is the quickest way to get divorce. Howevr, still I will advice u better see if patch up is possible as getting married as divorcee may add another problem sticking a stigma (as we call in our society) of divorcee.

Sandeep Naik (Advocate)     17 November 2013

If still have doubt u may contact me if u wish so on my mobile No.9967056980 . I am practicing in Bombay High Court. thanks with regards


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