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DEEPAK MISHRA (assistant Professor)     18 February 2014

Going to file divorce under section 13b(urgent help require)

Sir my friend is going to file divorce petition under section 13B in civil court of Kannauj in UP on 21st feb.

I need to clarify-

  1. Will court accept this petition and award divorce decree after 6 months if both will agree on both motions?
  2. Can wife challenge this decree after getting money?
  3. Will Any such divorce decree be affected by IRBM act pending in LOK SABHA (as this decree will be awarded on 20th August 14)?
  4. If yes in point 2, should husband wait untill IRBM act will be finalized?

OR

is there any other method to get rid off from the greedy in laws? like this divorce should be filed by wife side and she declare that she got one time maintenance and all hers right in husband's property. then will it be OK for husband so that wife can never cheat on him?



Learning

 4 Replies

sandykrish (Interested in Family LAW)     18 February 2014

Sec 13b only suffices the requirement. Ensure to draft a well drafted petition, by keeping in mind your greedy in laws and pay alimony during the second motion irrespective. This will insulate your friend losing money.

Want to Live (NA)     22 February 2014

Hello deepak,

I have recently got divorce from my ex wife, it was a mutual concent divorce & 2nd motion has been done last week.

1-hired a good lawyer, a well drafted petition is must to avoid any further loss.

mention each & every small thing in the petition , like she will withdraw all her cases before the final motion, divide the payment in 3 parts, 1st payment on first motion, 2nd when she withdraw all her cases & 3rd on the final motion, mention that she will not claim any right in your or your parential property in future, all claims should be settled with the one time payment(Rs........) payble in 3 parts as per mutually agreed terms. mention you both will not file any cases or claim on each other after the final motion of the divorce.

withdrawl of all other related cases is mandatory before the 2nd/final motion, otherwise she will keep troubling you or make you to chase her for withdrwal of other cases most importantly 498A....I am a victim of this...so please make sure every small small thing should be written in the petition.

 

Best of luck  


(Guest)

A well drafted petition by an experienced lawyer is sufficient.  One advice by a friend who have got divorce recently mentioned above is also good for ur advice.

 

D P Jindal

Advocate

Kapil Gupta (Advocate)     08 March 2014

Dear friend, you should go ahead. IRBM will have no effect.


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