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satya (Manager)     13 November 2011

Divorce by mutual consent

In my case of divorce by mutual consent my wife blackmailing me. 24th Aug,2011 was date of second motion and my wife submitted application for withdrawal of consent on 05/11/2011 taking the ground that she donot have faith that I will fulfill the commitment made in mutual consent application. I am ready to fulfill the commitment made in apllication. Means her ground may not maintainable as she is mistrusting court also. Please tell me our judicial system may allow such kind of blackmailing? Another big question is required to discuss here that whoever reaches to court for mutual divorce may not continue on one thinking for six month as they are already quarlleling.



Learning

 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

Consent can be withdrawn at any time.

 

Be in touch with a good lawyer now onwards,

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

sheela subbarao (Advocate)     14 November 2011

If she does not attend the hearing, probably she may file a petition under Domestic violence, 498-A criminal petition anticipating you to file a petition for divorce. However, as said above you need to approach a good lawyer to help and guide you at all point of time.

rajiv_lodha (zz)     14 November 2011

@Satya!

What happened to her application for withdrawl of consent?

Meanwhile, any money transferred to her side till now?

Other court cases between u both?

Whether draft for 1st motion of MCD was fool proof making some clauses about --if either party withdraws?!

Skillful wrk by advo is necessary, all is not lost yet!

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     14 November 2011

Satya, 

In case she don's agree for consent Doivorce, Court will not  Divorce. u can'st compell her. 

If she try 498a, dv act etc, u get defence as ur 13B is a matter of Court Record. She wanted to separate and chg her mind is a fact.  our judicial system allow <such kind of blackmailing?> withdrawal !! for reasons best known to concerned parties .The only fact remains that there is NO CONSENT NOW!

so petition can't be allowed by Court.. 

satya (Manager)     14 November 2011

The DV case filed by her has been rejected by court. we reached on MCD due to her case of section 10 (judicial separation) and section 24 for maintenance. She is living separate from last five years and want to live separate judicially.  withdrawal of consent any time is allowed with the intention to retain the families. In my case we have decided maintenance and divorce mutually as she wants in her other cases. No dobout she wrote to court to withdraw the consent means consent is there and on filing the case it is upto court whetner court accept her request or not. We may not say " Consent is not there" It is agreed that divorce is possible when she will will give similar statement as expressed in mutual consent application. Anyone want to discuss the case welcome for discussion.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     15 November 2011

LIVING SEPARATELY FOR 5 YRS=  NO DV ACT, 

Empty cell of Marriage Bond, as no cohibition, not living as h-wife, no x

can file u/s 13 irre brk dn marriage. 

Let Court t decide what mtn? etc 

any issues- child ? wife working/ earning? have residence? property share of her parents, ?ur income & dependent?  a bit of  vital details , and talk on phone can help u solve problem permamntlty, instead hide & sk game wasting valuable youth time.  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

How long back JS u/s 10 happened?

 

After one year of decree of JS, it becomes independent ground for divorce.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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