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anish patil (owner)     10 November 2011

Help wanted for mutual divorce case

 

pls guys i need serious help this time. as my 2nd motion is on 21 st april and i dont want divorce. please help me guys.
can i alone withdraw petition alone?
please help me guys pls if i am not present in 2nd motion can she get divorce alone?
please guys help me
  • 6 days ago

Additional Details

actually we had love marriage 2 years before but her parents influence her to do this pls guys help me as i don't want to brake this relation pls for god sake advice me......in first motion during counselling it shows that she also dont want to do this but doing this for her parents as we have verbal fight.

 

she filled the divorce petition her parents are not ready for withdraw petition please can i alone withdraw petition please tell me.
i am from mumbai sir and yes they give us date at the time of first motion they also told us that judge ment is also given on same date but after counselling......my lawyer is not helping me he is telling me that take divorce and be happy.....
 
my inlaws influence my wife so much from strating they dont like me. i love my wife very much and dont want to give this divorce my lawyer is mis guide me till first motion. my inlaws having voce recording of calls in which we have fight and sms record which i sent to her they are now black mailing me just give mutually divorce or otherwice we file a criminal case against you. 
 
they dont allow me too contact her because they know if this happend then she will never give me divorce.
please give me suggestion what can i do to save my relation.


Learning

 30 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 November 2011

You remain present on the date of second motion and tell the court that you do not want divorce and want your wife back. The court will dismiss the petition. 

1 Like

Tajobsindia (Senior Partner )     10 November 2011

@ Author

All said done before second motion joint statement either party can withdraw consent. It is legally allowed.


This is Law on MCD.


However do think long about a long unilateral future least it is you who end up as man in maroon half sweater from your on Mumbai as social message in below You tube video (keep the volume high and repeat view it to come to terms of social relaities);

 

www.youtube.com/watch?v=tbfBaw2szq0

1 Like

anish patil (owner)     10 November 2011

@archana mam & tajobs sir thanks for help

what about call recordings? can they use it for divorce 

one of my friend suggest give written appology in front of gudge and tell them this will not happend again

so that recording will not go against you.

can i withdraw the petion alone ? iam respondent to petition .

if i withdraw the petition can she get divorce alone?[exparty]

galsober@yahoo.co.in (def)     10 November 2011

As already explained, any party can withdraw consent unilaterally from MCD b4 2nd motion.

Rest of the case depends upon what u have written in agreement during 1st motion.

gal
 

1 Like

anish patil (owner)     10 November 2011

can any one tellme procedure of withdraw consent by myself because my lawyer isnot very helpful.

the agreement is nothing but just having some condition that we does not interfere in eachother lifes 

not having contact to each other. etc.

 how will they get to know that i cancel the petition from my side because they are the petion no.1 

what about the recording ?

raj malhotra (M.D)     10 November 2011

brother......first of all dont panic and be confident...

dont beg for love in front of anyone..bcs love cant be forced....i understand ur situation very much bcs i have also gone thru all the pain n dillema thru which u r going right now....but trust me...u r taking decisions thru heart and ur wife is thinking thru mind...this is the only difference...yes u can stop ur divorce legally by withdrawing ur cosent..but if u have cruel wife n influential in laws u will land into big trouble after it....remember one thing the person who will truly n really love u will never put u in such situation and belive me ur wife doesnt deserves ur love...may be u have done mistakes...i dont know u but mistakes r done by humans only...if u begging ur in laws for mercy and have already forgived ur wife  and even then if ur wife doesnt shows love then let her free...its the wisest decision....whtever u lawyer is saying is right..he must be more mature than u...trust me...time will amke u realize this...afterall its ur life...i can just suggest as iam sailing in same boat my second motion in february but time has taught me harsh truths...jitna jaldi sambhal jaoge utna acha hoga aapke liye...if u want to talk to me in person...just pm me...i will give u my phone number..ok...god bless.

1 Like

anish patil (owner)     11 November 2011

@raj sir 

she still loves me its bcoz of me this things happend my anger is the reason i cant live without her

sir pls i am 24 and she is 23 dont want divorce from heart ....... pls help me. she is not crual.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 November 2011

Dear aniket

can you tell me about the alligation on you from her petition?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 November 2011

what is the main alligation against you?

anish patil (owner)     11 November 2011

no alligation is there just mention their is we dont have any mutual understanding.

what should i do?

can i alone withdraw petition because my lawyer is on holiday. sir can you please tell me the procedure of it.

satya (Manager)     11 November 2011

1[13B. Divorce by mutual consent. —(1) Subject to the provisions of this Act


a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

 

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree

It is stated above that the petition may be withdrawn before reaching on the date of 2nd motion. Withdrawing consent is no where mentioned in act. Once the mutual consent is filed for divorce it is up to sitting judge what decision he takes.

1 Like

Aishwarya (Teacher)     11 November 2011

Uve got a lot of time at hand u can easily give more time to ur relationship and if u think its ur fault then u shud be the first to save this marriage..go ahead and save ur love ..

good luck

1 Like

anish patil (owner)     11 November 2011

@satya sir

i dont get you what you want to say?

sie if i withdraw my consent then can she alone get divorce ?

epartee divorce like that

anish patil (owner)     11 November 2011

i want to change the lawyer because i pay him full fees but he is not helping me at all.

can i change my lawyer ? because 2nd motion is at 21 st april  but i want to withdraw my petition from my side


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