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test singh (xyz)     14 May 2013

Divorce decree

Hello Experts,

 My two parties came to me for divorce both were agreed for divorce as soon as possible and they were recently married and had mrg certificate as they were in hurry so i adviced girl to become petioner (petionor) to file case under impotancy of man (i told to become respodant ) and my second party (male - respodant ) agreed just to get decree and for god sake they got decree 7 months back but i used wrong date of mrg and ground like impotancy(male) but my both were agreed in court and also came both every time in front of judge , in this case  lady won the case and mrg null and void declared as already 7 months gone but my one male party has feared that can she appeal again aginst  him i.e. my male party (male- respodant). actully male is feared that may be in future if female party changes her mind then what will happen? what can be fear in future? please suggest!!

Thanks

Advocate- trainee



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 May 2013

If the wife was the petitioner, why will she file an appeal when the matter is decided in her favor and that too after 7 months? These fears are baseless. However, I think you cud hv acted a bit more responsibly. Even if the parties are in a hurry to get divorce, there are dignified ways available to a speedy divorce. Using grounds such as impotency even when the party is not so and making him to agree to it and admit it before the court is perhaps not a sensible way in my opinion.  When the guy will remarry, and god forbid but if his 2nd wife misuse these admissions and court decree against him and put some more allegations on him then? Won’t it land him in more trouble? Why to make a person take stigmas when better ways are available?  I know you tried to find out a way for ur clients but I feel one shud not only find a way out but the way shud be safe for the client and shud not expose him to unnecessary troubles in the future. Of course this is my personal opinion & absolutely there is no intention to criticize you or hurt you.

This is my first and last post to your query.

4 Like

Ranee....... (NA)     14 May 2013

Awsome reply by Archanaji as usual!

Adv Archana Deshmukh (Practicing Advocate)     16 May 2013

I m much humbled Ranee mam , thx... :-)

Anjuru Chandra Sekhar (Advocate )     16 May 2013

If the female says to any court, "I lied he is not impotent", she can be tried under perjury.  However the male can still maintain his position, "I am impotent".  But he should never say that they both took decree in court by making false statements in collusion.

test singh (xyz)     16 May 2013

Hi,

thank you very much, actully both party are mine but in this case male party is main party so kindly advice inrespect of male party as he was agreed for every thing for getting decree as she was attached some where so i helped him for decree but he is feared for the future. also now he is  thinking  about re marry so he worried. i told him no need to worry after 90 days. just do what you want and have declare now he is ok after medications. and have some proof that all what i adviced him. so please tell me was i right? and also tell some more precautions for him.

rgds 


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